BULLETIN 


-IfU 

- 

Labor  Legislation 


OF  THE 

Forty-Eighth  General  Assembly 


OF  THE 


STATE  OF  ILLINOIS 


PUBLISHED  BY 


The  State  Board  of  Commissioners  of  Labor 
P.  H.  HART,  Secretary 
Springfield 


Sprinofibld,  III. 

ILLINOIS  State  Journal  Co.,  State  Printers 

19  13 


l^ls 


BOARD  OF  COMMISSIONERS  OF  LABOR 


James  T.  Patterson^  President,  Chicago. 
Fkank  B.  Mott,  Galesburg. 

J.  D.  Petees,  Carbondale. 

James  P.  Kellett,  Gillespie. 

Charles  Vallo,  Mnrphysboro. 

Secretary, 

P.  H.  Hart,  Springfield. 


State  of  Illinois 

Office  of  the  Bureau  of  Labor  Statistics 

Springfield,  October  1,  1913^ 
Honorable  Edivard  F.  Dunne,  Governor  of  Illinois. 

Sir:  I  have  the  honor,  on  behalf  of  the  Board  of  Commissioners 
of  Labor,  to  submit  herewith  the  labor  legislation  of  the  Fortv-eio-hth 

y  O  c'  O 

General  Assembly  of  the  State  of  Illinois. 

Very  respectfully, 

Patrick  H.  Hart,  Secretary 


TABLE  OF  CONTENTS 


PAGE 

Introductory . 7  ». 

Chauffeurs  protection  from  dust,  wind,  etc .  12 

Convict  labor  on  public  roads,  etc .  12 

Explosives  in  coal  mines .  13 

■  Fire  departments,  hours  of  employment .  14 

Fire  fighting  equipment  in  coal  mines .  15 

Fire  fighting  and  rescue  stations  in  coal  fields .  18 

Free  employment  offices  and  agencies .  19 

Headlights  on  locomotive  engines .  20 

Industrial  board,  compensation  for  accidental  injuries  or  death .  20 

Mason  contractors’  and  employing  masons  in  cities  of  150,000  or  over .  41 

Mechanics’  lein,  Act  of  1903  amended .  43 

Miners  examining  board,  revision .  46 

Mining  investigation  commission .  49 

Mines  and  mining.  Act  of  1911  revised .  51 

Oil  inspection . 70 

Relief — Cherry  mine  sufferers,  balance  unexpended .  71 

Relief — United  Mine  Workers  of  America,  District  No.  12,  moneys .  73 

Roads  and  bridges,  revision  of  1913 .  74 

Safety  appliances .  131 

Semi-monthly  payment  of  wages  and  salaries  by  corporations  for  pecuniary  profit .  132 

Shot  firers  in  mines — “Dead  hole”  defined .  133 

Teachers’  pension  fund  in  districts  under  special  Acts .  133 

Wage  loan  corporation,  incorporation .  139 

Wash  rooms  in  certain  employments .  141 

Woman’s  suffrage  law .  142 


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LABOR  LEGISLATION  OF  THE  FORTY-EIGHTH  GENERAL 

ASSEMBLY 


This  report  shows  all  laws  directly  affecting  labor  enacted  at  the 
last  session  of  the  Legislature.  The  number  of  laws  passed  by  the 
Assembly  is  large  enough  to  merit  very  favorable  commendation  on  the 
part  of  all  workers,  and  as  all  honest  citizens  are  either  manual  or 
intellectual  workers,  their  commendation  of  those  worthy  of  it  will  have 
potent  influence  on  future  legislation  relating  to  labor.  There  must 
also  be  taken  into  consideration  the  fact  that  a  deadlock  existed  for  some 
period  of  time  over  the  election  of  United  States  Senators;  as  two  had 
to  be  elected  under  the  old  method  of  election  by  the  General  Assembly; 
and  which  will  not  happen  again  owing  to  the  change  made  in  the 
United  States  Constitution  wherein  it  specifies  that  they  shall  be  elected 
by  a  direct  vote  of  the  people. 

Having  cleared  this  obstacle  from  the  pathway,  the  Forty-eighth 
General  Assembly  proceeded  rapidly  to  enact  more  labor  legislation  than 
any  previous  Assembly  and  accomplished  this  by  well  directed  effort 
and  hard  work.  The  true  friends  of  labor  who  appeared  before  the 
different  committees  of  the  Assembly  were  impressed  with  the  activity 
shown  in  their  behalf  by  the  members  of  the  Forty-eighth  General 
Assembly  and  were  cheered  with  the  thought  that  any  meritorious 
measure  passed  in  their  behalf,  which  would  remedy  any  adverse  condi¬ 
tion  under  which  they  labored,  would  receive  prompt  approval  at  the 
hands  of  the  Chief  Executive,  as  he  has  always  been  found  in  the  front 
rank  of  those  who  advocate  progressive  legislation. 

This  assurance  naturally  encouraged  the  friends  of  labpr  to  redouble 
their  activities  in  presenting  petitions  to  the  Legislature  for  the 
amelioration  of  their  different  adverse  conditions.  There  were  a  few 
of  the  bills  presented  that  received  adverse  action;  which  will  be  passed 
in  the  future  when  the  Assembly  has  had  time  to  contemplate  their 
possibilities  and  when  the  Assembly  may  revise  their  opinions  relative 
to  constitutional  objections  regarding  them. 

Among  the  more  important  laws  passed  by  the  last  Assembly  was 
House  Bill  Ho.  841  which  entirely  changed  the  Workmen's  Compensa¬ 
tion  Law  passed  by  the  Forty-seventh  General  Assembly. 


House  Bill  No.  841 

In  its  revised  form  it  contains  many  changes  for  betterment  along 
with  the  provision  creating  an  industrial  board  of  three  members  who 
are  to  be  appointed  by  the  Governor  with  the  advice  and  consent  of  the 
Senate. 


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The  duties  of  this  board  will  be  to  administer  and  enforce  the  pro¬ 
visions  of  the  Act  and  they  are  supreme  in  these  powers  and  only  charges 
of  fraud  or  questions  of  abstract  law  can  be  reviewed  by  the  Supreme 
Court. 

The  powers  thus  conferred  mark  very  important  changes  for  the 
efficiency  of  administration  as  under  the  old  Act  petitions  had  to  be 
presented  to  the  courts  for  appointment  of  arbitrators  to  decide  disputes 
under  awards,  etc. 

Under  the  new  Act  these  methods  of  procedure  will  be  eliminated 
as  the  board  is  clothed  with  powers  sufficient  to  eliminate  the  necessity 
for  them  and  consequently  it  simplifies  the  process  of  this  law. 

The  board  ma}’  require  the  necessary  legal  evidence  of  financial 
competency  on  the  part  of  the  employer  vrho  elects  to  operate  under  the 
new  Act  that  will  forestall  in  some  cases,  any  action  on  the  part  of  the 
emplo3"er  to  go  into  bankruptcy  to  evade  the  liability  contracted  through 
such  election. 

There  was  considerable  contention  engendered  relative  to  disfigure¬ 
ment  under  the  provisions  of  the  old  Act  and  great  uncertainty  as  to 
the  proper  amount  of  compensation  to  be  paid  in  cases  of  that  character 
which  permanently  impaired  the  earning  power  of  the  worker,  but  a 
classified  schedule  of  indemnities  is  provided  in  the  new  Act. 

While  these  specified  indemnities  may  not  appear  adequate  in  many 
cases  owing  to  the  differences  that  exist  in  the  earning  power  of  work¬ 
men,  yet  it  serves  as  a  basis  to  work  from  and  can  be  changed  as 
experience  demonstrates  the  various  changes  necessary.  It  also  expe¬ 
dites  settlement  of  claims  of  that  character  and  this  in  itself  is  a  very 
commendable  feature. 

The  Act  extends  the  provisions  relating  to  the  term  ^^employer” 
and  ^^employee’^  as  it  allows  employers ;  not  specified  in  the  extra  hazard¬ 
ous  class ;  to  elect  to  accept  the  provisions  of  the  law. 

The  maximum  and  minimum  amounts  for  fatal  and  non-fatal 
accidents  remain  as  before,  i.  e.  $3,500  and  $1,500  for  fatal;  and  $12 
and  $5  per  week  for  non-fatal  accidents. 

Three  niiembers  constitute  the  board,  not  more  than  two  of  one 
political  party;  term  six  years  after  the  first  one  is  appointed.  One 
'  member  shall  be  a  representative  citizen  from  the  employer  class  oper¬ 
ating  under  the  Act,  one  from  the  employees  operating  under  the  Act 
and  one  not  identified  with  either  class,  this  one  to  be  chairman  of  the 
board.  Salary  $4,000  per  annum  in  each  case. 

Like  all  legislation  of  similar  nature  there  naturally  exists  sus¬ 
picion  as  to  its  benefits  in  the  minds  of  many,  as  the  average  human 
being  must  always  be  convinced  of  the  usefulness  of  any  new  idea, 
especially  when  that  idea  disturbs  the  existing  order  of  law  or  finance, 
but  as  ail  progress  must  have  a  basic  point,  we  feel  that  the  orkmeiTs 
Compensation  Law  as  passed  by  the  Forty-eighth  General  Assembly  is 
a  step  forward  toward  the  protection  of  the  workers  against  adversity 
caused  bv"  the  hazards  incident  to  their  employment. 

The  spirit  of  the  present  time  is  one  of  rapid  progress,  and  as  we 
have  had  an  immigration  of  approximately  1,000,000  people  a  year  for 
the  last  ten  A’ears  from  -countries  where  state  insurance  of  the  worker 
is  an  accepted  condition,  it  naturally  follows  that  the  compensation 


9 


laws  of  this  country  in  the  near  future  will  become  more  and  more 
identified  with  the  idea  of  national  insurance. 

Senate  Bill  No.  133 

This  bill  was  strongly  advocated  by  all  the  representatives  of 
organized  labor  but  especially  so  by  the  railroad  brotherhoods,  as  the 
coal  mining  industry  and  building  trades  generally  have  semi-monthly 
pay  days  and  in  some  cases  in  the  building  trades,  weekly  pay  days. 
The  railroads  objected  on  the  plea  of  added  expense  in  making  pay  rolls, 
etc.,  but  a  statement  was  presented  by  the  committee  representing  the 
railroad  employees  that  the  annual  interest  on  deferred  wages  amounted 
to  $8,000,000  annually,  and  the  railroad  managers  did  not  refute  tliis 
statement. 

The  Wabash  and  Baltimore  &  Ohio  Kailways  have  shown  advanced 
ideas  in  regard  to  semi-monthly  pay  days  as  they  announced  their  policy 
to  be  two-week  pays  all  over  their  systems  regardless  of  the  laws  on  the 
subject  in  the  various  states  in  which  they  operate. 

The  Electric  Headlight  Bill  was  also  passed  but  the  Full  Crew  Law 
fell  by  the  wayside  to  help  along  the  semi-montlily  pay  day. 

House  Bill  No.  102 

House  Bill  No.  102,  which  provides  for  wage  loan  associations  and 
limits  the  earnings  on  the  capital  stock  of  same  to  6  per  cent  annually 
provides  that  money  may  be  loaned  at  a  maximum  rate  of  3  per  cent 
per  month  or  36  per  cent  per  annum,  secured  by  assignment  of  wages 
and  was  a  step  toward  the  elimination  of  the  loan  sharks,  whose  disre¬ 
putable  practices  have  received  the  greatest  condemnation. 

This  law  is  some  relief,  but  coupled  with  the  semi-monthly  pay  day 
will  help  the  social  condition  of  the  worker,  but  until  a  weekly  pay  day 
is  established  and  the  newspapers  cease  to  accept  loan  shark  advertise¬ 
ments,  it  is  hut  one  of  the  steps  of  the  ladder  of  social  reform. 

House  Bill  No.  348 

Some  years  ago.  the  Legislature  passed  a  law  demanding  that  coal 
operators  and  owners  provide  wash  houses  for  the  use  of  their  employees, 
but  the  Supreme  Court  held  it  invalid  for  the  reason  that  it  specified 
but  one  class  of  employees.  The  present  Act  meets  with  those  objections . 
as  it  applies  to  all  workers  whose  employment  make  such  facilities  neces¬ 
sary  to  the  general  health,  comfort  and  safety,  and  it  was  advocated 
strongly  by  all  the  representatives  of  labor  hut  especially  so  by  the 
original  sponsors  of  the  first  law — the  United  Mine  Workers — who  also 
secured  the  passage  of  House  Bill  No.  332,  wliich  is  known  as  the  Miners’ 
Qualification  Act. 

This  Act  provides  for  a  commission  of  three  miners  appointed  by 
the  Governor  whose  duties  are :  to  meet  at  proper  places  in  various  parts 
of  the  State  and  examine  applicants  for  certificates  as  practical  miners 
and  all  fees  for  certificates  to  he  deposited  with  the  State  Treasurer. 
This  commission  displaces  all  the  county  mine  examining  boards  pro- 


10 


vided  for  in  the  Act  of  1908  and  who  were  appointed  by  the  county 
judge  and  whose  salaries  and  per  diem  were  paid  by  the  miners  seeking 
certificates  in  each  county. 

This  law  proved  inadequate,  as  the  miners’  organization  assumed 
the  expenses  of  many  county  boards,  owing  to  the  fact  that  many  county 
boards  were  not  self-sustaining. 


House  Bill  No.  324 

In  connection  with  this  old  law,  a  bill.  House  Bill  No.  324,  was 
passed,  appropriating  the  sum  of  $3,355.14  to  District  No.  12,  United 
Mine  Workers  of  America,  reimbursing  them  for  the  amounts  advanced 
to  the  county  boards. 


House  Bill  No.  309 

Creating  the  office  of  inspector  of  oil  and  gas  wells,  was  vetoed  by 
the  Governor  on  the  advice  of  the  Attorney  General,  owing  to  the  fact 
that  it  was  defective  in  form,  but  House  Bills  704-5-6-7-8-10,  which 
were  the  work  of  the  Mining  Investigation  Co.mmission,  were  passed 
and  approved. 

The  changes  made  are  important  in  many  respects,  as  the  provisions 
relating  to  cross-cuts,  and  hour  of'  examining  mine,  etc. 


Senate  Bill  No.  165 

Section  1  creating  free  employment  offices  in  cities  having  50,000 
or  more  population  was  amended  by  making  same  read,  ^^contiguaus 
cities  whose  aggregate  or  total  population  equals  50,000  or  more”  may 
take  advantage  of.  the  law. 

The  city  of  Kockford,  having  established  the  fact  of  a  population 
o.f  50,000  or  more,  an  office  was  created  there  and  appropriation  made 
for  same,  but  through  some  oversight  the  twin  cities  of  Eock  Island  and 
^loline  were  not  provided  for  in  the  general  appropriation,  but  the 
citizens  of  those  cities  established  the  fact  of  having  the  necessary  popu¬ 
lation  and  the  Governor  appointed  the  superintendent  of  that  free 
employment  office,  whose  salary  will  be  allowed  by  the  statute.  The 
necessary  amount  required  to  establish  the  office  pay,  rent,  etc.,  and 
maintain  this  office  until  relief  is  furnished  by  the  next  Assembly,  was 
advanced  by  the  new  superintendent  and  his  friends  and  was  established 
in  Rock  Island  owing  to  its  central  location  between  Moline  and  Daven¬ 
port,  Iowa,  just  acrass  tlie  Mississippi  River,  a  city  of  over  50,000  people. 
Taking  Rock  Island  as  the  center  this  office  will  serve  at  least  125,000 
people  within  one  hour’s  ride  and  the  Rockford  office  is  the  center  of  at 
least  80,000. 

These  two  offices  now  make  the  number  of  eight  free  employment 
offices  in  this  State :  three  in  Chicago,  one  each  in  Peoria,  East  St.  Louis, 
Springfield,  Rockford  and  Rock  Island-Moline. 


11 


Senate  Bill  Xo.  207 

This  bill  provides  that  the  members  of  fire  departments  in  cities 
and  villages  shall  not  be  compelled  to  work  more  than  ten  hours  in  the 
day  or  fourteen  hours  in  the  night  time.  Its  operation  depends  on  a 
referendum  vote  of  the  cities  adopting  it.  There  is  no  provision  made 
for'  penalty  for  violation  so  that  it  can  be  counted  as  a  basis  for  future 
legislation  of  this  character  which  establishes  further  powers  of  the  State 
to  prescribe  a  limit  to  the  hours  of  human  labor. 

This  law  was  advocated  strongly  by  the  committee  from  the  Chicago 
Fire  Department  especially^  but  also  received  the  endorsement  of  the 
other  members  of  the  labor  bodies. 

There  were  other  measures  passed  which  received  the  endorsement 
of  the  members  of  organized  labor  who  worked  together  without  friction 
and,  as  before  stated,  the  Forty-eighth  General  Assembly  gave  great 
attention  to  labor  legislation  which  was  promptly  signed  by  Governor 
Dunne. 

We  therefore  respectfully  submit  this  pamphlet  and  add  that  these 
new  laws  as  shown  here,  along  with  such  amendments  to  old  laws  as 
were  passed,  wdll  appear  in  the  Eevised  Labor  Code  of  Illinois  to  July 
1,  1913,  prepared  by  this  bureau. 

Eespectfully, 

Patrick  H.  Hart,  Secretary 


12 


CiiAUjjTEURS — Protection  from  Dust,  Wind,  etc. 

An  Act  to  protect  chauffeurs  in  their  employment  from  dust,  wind  and 
incleme^it  weather.  Approved  June  27,  1913,  in  force  July  1,  1913. 

Section  1.  Be  it  enacted  hy  the  I^eople  of  the  State  of  Illinois, 
represented  in  the  General  AssemMy :  Every  person  or  corporation 
owning,  operating  or  controlling  automobiles  or  auto  trucks  used  for 
the  delivery  of  merchandise,  produce  or  freight,  shall  keep  upon  the 
front  of  the  said  automobiles  or  auto  trucks  a  shield  and  hood  as  an 
inclosure  to  protect  chauffeurs  from  wind,  dust  and  inclement  weather. 

§  2.  Every  person  or  corporation  owning,  operating  or  controlling 
an  automobile  or  auto  truck  who.  shall  neglect  or  refuse  to  comply  with 
the  provisions  of  section  1  of  this  Act  upon  conviction  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  fifty  dollars  for  each  and  every  day 
and  for  each  and  every  automobile  or  auto  truck  used  and  operated  in 
violation  of  section  1  of  this  Act. 


Convict  Labor  on  Public  Eoads,  Etc. 

§  1.  Employment  of  convicts  or  prisoners  on  §  2.  Expenses  for  guarding  convicts  while  work- 
public  roads,  etc.— Application  of  com-  ing. 

missioners  of  highways,  etc. 

(Senate  Bill  No.  539.  Approved  June  28,  1913.) 

An  Act  entitled,  “An  Act  to  authorize  the  employment  of  convicts  and 
prisoners  in  the  penal  and  reformatory  institutions  of  the  State  of 
Illinois  in  the  lyreparation  of  road  building  materials  and  in  worhing 
on  the  public  roads.” 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  commissioners  of  the 
Northern  Illinois  Penitentiary,  commissioners  of  the  Southern  Illinois 
Penitentiary  and  the  board  of  managers  of  the  Pontiac  Eeformatary  of 
the  State  of  Illinois  are  hereby  authorized  and  empowered  to  employ 
convicts  and  prisoners  in  the  penal  and  reformatory  institutions  of  this 
vState  who  are  sentenced  for  terms  o.f  not  more  than  five  years,  or  who 
liave  not  more  than  five  years  to  serve  to  complete  their  sentence  in 
working  on  the  public  roads  or  in  crushing  stones  or  preparing  other 
road  building  materials  at  points  outside  the  walls  of  the  penal  or  reform¬ 
atory  institutions.  Upon  the  written  request  of  the  commissioners  of 
highways  of  any  township  in  counties  under  township  organization  or 
the  commissioners  of  highways  or  boards  of  county  commissioners  in 
counties  not  under  township  organization,  said  penitentiary  commission¬ 
ers,  and  board  of  managers  of  the  Pontiac  Eeformatory  shall  detail  such 
convicts  or  prisoners  as  in  its  judgment  shall  seem  proper  not  exceeding 


13 


the  number  specified  in  said  written  request,  for  emplayment  on  the 
public  roads  or  in  the  preparation  of  road  building  materials,  in  the 
township,  road  district  or  county  requesting  the  same  on  such  terms  and 
conditions  as  may  be  prescribed  by  the  said  penitentiary  commissioners 
or  the  board  of  managers  of  the  Pontiac  Reformatory. 

§  2.  The  commissioners  of  highways  or  boards  of  county  commis¬ 
sioners,  as  the  case  may  be,  shall  pay  all  additional  expenses  for  guarding 
such  convicts  while  working  on  the  public  roads  or  in  the  preparation  of 
road  building  materials  outside  the  walls  of  the  penal  or  reformatory 
institutions,  in  their  respective  townships,  read  districts  or  counties. 

Approved  June  28,  1913. 


Explosives  in  Coal  Mines 

An  Act  to'  'promote  the  safet'y  of  persons  and  property  in  coal  mines  hy 

regulating  the  character  of  permissible  explosives  sold^  to  he  used 

in  coal  mines. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  all  permissible  explosives 
for  use  in  blasting  coal  in  the  State  of  Illinois  shall  conform  to  the 
following  specifications : 

(a)  All  permissible  explosives  offered  for  sale  in  the  State  of 
Illinois  shall  have  printed  on  each  cartridge  and  individual  package  the 
name  of  the  manufacturer,  the  registered  trade  mark,  brand,  grade  and! 
a  statement  that  it  conforms  in  strength  to  that  grade  and  brand  estab¬ 
lished  by  the  United  States  Bureau  of  Mines. 

(b)  Each  shipping  case  shall  have  marked  on  it  the  total  weight 
of  explosives  contained  therein,  and  the  average  weight,  length  and  * 
diameter  of  each  stick  contained  therein. 

(c)  Each  shipping  case  containing  permissible  explosives  shall  be 
marked  ^Termissible  Explosives.^^ 

(d)  Each  ingredient  of  a  permissible  explosive  shall  not  varjr 
more  than  the  permitted  variation  established  by  the  United  States 
Bureau  of  Mines. 

§  2.  State  mine  inspectors,  county  mine  inspectors,  and  the 
accredited  representatives  of  the  coal  operators  and  coal  miners  shall 
have  authority  to  sample  permissible  explosives  used  for  blasting  pur¬ 
poses  in  coal  mines  in  the  State  of  Illinois,  or  kept  on  hand  for  sale,  or 
intended  for  shipment  for  use  in  such  mines,  and  for  such  purposes,  they 
may  enter  upon  the  premises  of  any  person,  firm  or  corporation. 

§  3.  If  the  State  mine  inspectors,  county  mine  inspectors,  or  the 
accredited  representatives  of  the  coal  operators  or  coal  miners  shall 
desire  to  have  said  sample  tested  for  content,  they  shall  send  the  same 
to  the  United  States  Bureau  of  Mines  for  that  purpose. 

§  4.  When  such  samples  are  intended  to  be  tested  for  content, 
they  must  be  taken  at  the  mill  or  warehouse  of  the  manufacturer  or 
manufacturer’s  agent,  or  in  the  railroad  car  for  shipment  at  said  mill 
or  warehouse  or  the  magazine  at  the  mine,  and  said  samples  shall  be 
taken  in  accordance  with  the  rules  established  by  the  United  States 
Bureau  of  Mines. 


14 


§  5.  If  samples  of  permissible  explosives  when  tested  as  provided 
for  in  this  Act  shall  be  found  not  to  comply  with  the  provisions  herein, 
the  person,  firm  or  corporation  guilty  of  violating  the  provisions  of  this 
Act  shall  be  prosecuted  in  accordance  with  the  provisions  hereof. 

§  6.  Permissible  explosives  shall  be  stored  in  magazines  con¬ 
structed  in  accordance  with  plans  that  shall  be  approved  by  the  State 
Mine  Inspector  of  the  district  in  which  the. mine  is  located. 

§  7.  Every  magazine  shall  be  provided  with  a  wooden  floor  which 
shall  be  kept  free  from  grit  and  dirt.  If  more  than  one  kind  of 
explosive  is  kept  in  the  same  magazine,  the  magazine  shall  be  divided 
into  rooms  by  partitions ;  the  different  kinds  of  explosives  shall  be  kept 
in  different  rooms,  but  no  detonators,  or  blasting  caps,  or  anj  device 
containing  fulminating  composition  shall  be  kept  in  the  same  magazine 
with  any  explosive.  All  detonaters,  blasting  caps  or  any  device  con¬ 
taining  fulminating  composition  shall  be  kept  separate  in  a  safe  and 
'dry  receptacle  apart  from  any  other  explosive. 

§  8.  Any  person,  firm  or  corporation  changing  any  stamp,  brand, 
or  specification  denoting  the  contents  of  any  package  or  cartridge  shall 
be  subject  to  the  penalties  provided  for  herein. 

§  9.  Any  person,  firm  or  corporation  who  shall  sell  for  use  in  the 
coal  mines  in  this  State  any  permissible  explosive  not  stamped  as  herein 
required,  or  who  shall  knowingly  sell  for  use  in  coal  mines  in  this  State 
any  permissible  explosive  which  is  untruthfully  branded  or  stamped, 
and  any  person,  firm  or  corporation  being  a  manufacturer  of  permissible 
‘explosives,  or  the  agent  of  any  such  manufacturer  of  permissible 
explosives,  who  shall  sell  for  use  in  any  coal  mine  in  this  State  any 
permissible  explosive  which,  shall  not  conform  to  the  requirements  of 
this  Act,  shall  be  punishable  by  a  fine  of  not  exceeding  one  hundred 
dollars  ($100)  or  by  imprisonment  in  the  county  jail  for  not  exceed¬ 
ing  ninety  (90)  days,  or  both,  in  the  discretion  of  the  court:  Provided, 
that  nothing  in  this  Act  shall  be  construed  to  apply  to  permissible 
explosives  shipped  prior  to  this  Act  taking  effect. 

Approved  June  26,  1913. 


Fire  Departments — Hours  of  Employees 

An  Act  to  regulate  the  hours  of  labor  of  employees  in  the  fire  depart¬ 
ment  in  cities  and  villages. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  all  cities  and  villages 
which  shall  adopt  this  Act  as  herein  provided  for  no  employee  of  the 
fife  department  shall  be  compelled  to  be  on  duty  more  than  ten  con¬ 
secutive  hours  during  the  day  time,  nor  more  than  fourteen  consecutive 
hours  during  the  night  time. 

The  head  or  chief  officer  of  such  department  shall  so  arrange  the 
working  hours  of  the  employees  of  such  department  so  that  each  employee 
shall  work,  as  near  as  may  be,  an  equal  number  of  hours  per  month: 
Provided,  however,  that  the  head  or  chief  efficer  of  such  department,  his 


16 


aids  or  assistants^  in  their  discretion,  in  cases  of  great  emergency 

or  necessity,  require  such  employees  to  continue  at  their  work  or  duties 
until,  in  the  judgment  of  such  head  or  chief  of  the  department,  his 
aids  or  assistants,  the  work  or  sendees  of  such  employees  is  no  longer 
required. 

§  2.  The  electors  of  any  city  or  village  may  adopt  the  provisions 
of  this  Act  in  the  following  manner:  Whenever  the  legal  voters  in  any 
city  or  village  equal  in  number  to  five  (5)  per  cent  of  the  legal  votes 
cast  at  the  last  preceding  general  city  or  village  election  shall  petition 
the  city  or  village  clerk,  or  the  officer  or  officers  whose  duty  it  is  to 
prepare  the  ballots,  to  submit  the  proposition  as  to  whether  such  city 
or  village  shall  adopt  the  provisions  of  this  Act,  then  it  shall  be  the 
duty  of  such  officer  or  officers  to  submit  such  proposition  accordingly 
at  the  next  succeeding  regular  election,  and  if  such  proposition  be  not 
adopted  at  such  election  the  same  may,  in  like  manner,  be  submitted  at 
any  regular  election  thereafter. 

The  proposition  so  to  be  voted  for  shall  be  prepared  and  provided 
for  in  a  separate  and  distinct  ballot  and  in  substantially  the  following 
form : 


For  the  adoption  of  the  provisions  of  an  Act 

Yes 

to  regulate  the  working  hours  of  employees  in 

the  fire  department. 

No 

If  a  majority  of  those  electors  in  said  city  or  village  voting  thereon 
shall  vote  for  the  adoption  of  this  Act,  it  shall  thereby  and  thereupon  be 
adopted  by  and  be  in  force  in  such  city  and  village. 

Approved  June  26,  1913. 


Fire  Fighting  Equipment  in  Coal  Mines — Act  of  1910  Amended 

An  Act  amend  sections  2  and  6  of  an  Act  entitled,  ''An  Act  to 
require  fire  fighting  equipment  and  other  means  for  the  prevention 
and  controUing  of  fires  and  the  prevention  of  loss  of  life  from  fires 
in  coal  mines/'  approved  and  in  force  March  8,  1910,  as  amended' 
hg  Act  approved  and  in  force  June  7,  1911. 

Section  1.  Be  it  enacted  hg  the  People  of  the  State  of  Illinois,, 
represented  in  the  General  Assembly:  That  sections  2  and  6  of  an  Act 
entitled,  ^fi4n  Act  to  require  fire  fighting  equipment  and  other  means 
for  the  prevention  and  controlling  of  fires  and  the  prevention  of  loss 
of  life  from  fires  in  coal  mines,”  approved  and  in  force  March  8,  1910,. 
as  amended  by  Act  approved  and  in  force  June  7,  1911,  be  and  the 
same  are  hereby  amended  so  as  to  read  as  follows : 

§  2.  (a)  There  shall  be  provided  a  supply  of  water  for  fighting 

fire  underground  which  shall  have  a  head  from  a  standing  body  in  a 
pipe,  tank  or  pond. 

(b)  Such  water  supply  shall  be  conducted  into  the  mine  in  an 
iron  or  steel  pipe  or  pipes  not  less  than  two  inches  in  diameter;  which 
shall  have  not  less  than  two  hose  connections  at  the  bottom  of  the 


16 


hoisting  shaft,  and  two  hose  connections  at  the  bottom  of  the  air  and 
oscapement  shaft  designated  as  such  under  the  law,  and  two  hose  con¬ 
nections  in  each  stable  which  is  located  less  than  five  hundred  (500) 
feet  from  the  bottom  of  either  of  said  shafts;  and  their  shall  be  iron  or 
steel  pipes  not  less  than  two  inches  in  diameter  in  the  entries  and 
passageways  leading  from  the  bottom  of  each  of  said  shafts  to  such 
extent  and  in  such  position  that  with  one  (1)  fifty  foot  length  of  hose 
the  water  may  be  carried  into  all  such  entries  and  passageways  within 
three  hundred  (300)  feet  from  the  bottom  of  each  of  said  shafts  and  into 
the  corresponding  area  in  slope  and  drift  mines,  such  area  to  be  desig¬ 
nated  in  this  Act  as  the  fire  protected  area. 

(c)  Provided,  that  in  mines  having  one  hundred  and  twenty-five 
{125)  feet  or  less  head  at  the  bottom  of  the  incoming  supply  pipe,  the 
incoming  pipes  and  the  pipes  having  hose  connections  shall  be  not  less 
than  three  (3)  inches  in  diameter.  The  pipes  in  the  mine  shall  have 
hose  connections  not  more  than  fifty  (50)  feet  apart  beginning  at  the 
bottom  of  the  incoming  supply  pipe  or  pipes. 

(d)  There  shall  be  kept  constantly  on  hand  at  the  bottom  of  each 
shaft  where  hose  connections  are  required,  in  condition  for  immediate 
use,  not  less  than  two  (2)  fifty  (50)  foot  lengths  of  one  and  one-half 
(1^)  inch  inside  diameter  linen  hose  or  rubber-lined  cotton  hose,  which 
shall  have  been  tested  to  a  pressure  of  two  hundred  (200)  pounds  to 
the  square  inch;  all  of  such  hose  and  the  connections  therefor  on  the 
supply  pipes  shall  have  American  standard  iron  pipe  threads.  The 
nozzles  on  such  hose  shall  be  not  less  than  three-eighths  (%)  nor  more 
than  five-eighths  (%)  inch  in  diameter. 

(e)  Where  any  part  of  any  passageway  or  other  excavation  within 
one  hundred  and  fifty  (150)  feet  of  the  bottom  of  the  hoisting  shaft 
or  the  air  and  escapement  shaft  designated  as  such  under  the  law,  and 
in  the  corresponding  area  in  slope  or  drift  mines,  is  timbered,  with 
cribbing  or  more  than  one  layer  of  lagging  not  including  caps  or  wedges, 
above  the  cross  bars,  there  shall  be  two  lines  of  automatic  sprinklers 
oh  the  under  side  of  such  timbering,  attached  to  not  less  than  one  and 
o];ie-half  (1%)  i^^h  pipes  connected  with  the  fire  fighting  water  supply, 
and  such  sprinklers  shall  not  be  more  than  ten  (10)  feet  apart. 

(f)  In  cribbing  or  lagging  as  last  aforesaid,  which  is  more  than 
three  (3)  feet  in  vertical  thickness,  there  shall  be  also,  as  near  the  top 
thereof  as  is  practicable,  automatic  sprinklers  connected  with  the  water 
supply  as  last  aforesaid  and  there  shall  be  one  such  sprinkler  for  each 
eight  (8)  feet  square  of  horizontal  area  of  such  cribbing  or  lagging. 

(g)  In  every  underground  stable,  located  within  one  thousand 
(1,000)  feet  of  the  hoisting  shaft  or  the  air  and  escapement  shaft  desig¬ 
nated  as  such  under  the  law,  there  shall  be  not  less  than  one  (1)  auto¬ 
matic  water  sprinkler  for  each  area  eight  ( 8 )  feet  square  in  said  stable ; 
such  automatic  sprinklers  shall  be  connected  with  iron  or  steel  pipes  not 
less  than  one  and  one-half  (IV2)  inches  in  diameter  along  the  roof^  or 
ceiling  in  the  stable,  which  shall  be  connected  with  the  fire  fighting 
water  supply. 

(h)  All  automatic  sprinklers  shall  be  of  the  fusible  plug  type  and 
shall  not  require  a  temperature  of  more  than  one  hundred  and  sixty-five 
(165)  degrees  Fahrenheit  to  release  the  water. 


17 


(i)  In  all  imdergToimd  stables  other  than  those  heretofore  in  this 
Act  referred  to,  there  shall  be  kept  barrels  full  of  water  and  two  metal 
pails  with  each  barrel.  Such  barrels  shall  be  not  more  than  fifty  (50) 
feet  apart,  and  there  shall  be  not  less  than  two  (2)  barrels  full  of  water 
and  two  (2)  metal  pails  with  each  barrel  in  each  entry  or  passageway 
into  which  such  stable  opens  and  not  more  than  fifty  (50)  feet  from 
the  opening  of  the  stable. 

(j)  There  shall  also  be  one  (1)  not  less  than  three  (3)  gallons 
chemical  fire  extinguishers  and  two  (2)  not  less  than  six  (6)  gallon 
hand-pump  buckets  in  each  stable  and  in  every  entry  or  passageway 
into  which  such  stable  opens  not  more  than  fifty  (50)  feet  from  the 
opening  of  such  stable:  Provided,  that  in  mines  employing  ten  (10) 
men  or  less  underground,  the  chemical  fire  extinguishers  shall  not  be 
required.  Such  chemical  fire  extinguishers  and  hand-pump  buckets 
shall  be  kept  filled  and  ready  for  use. 

(k)  Provided,  however,  that  in  coal  mines  in  which  less  than  ten 
(10)  men  are  employed,  in  which  there  are  no  stables,  in  lieu  of  said 
water  supply  with  pipes  and  hose,  there  may  be  substituted  the  follow¬ 
ing:  There  shall  be  kept  within  the  fire  protected  area  in  each  such 
mine,  barrels  full  of  water  not  more  than  fifty  (50)  feet  apart,  and  ^vith 
each  barrel  there  shall  be  two  metal  buckets ;  and  there  shall  also  be  kept 
within  said  area  not  less  than  six  (G)  hand-pump  buckets  of  not  less 
than  six  (6)  gallons  capacity,  and  said  buckets  shall  be  kept  filled  and 
ready  for  use. 

(l)  A  barrel  within  the  meaning  of  this  Act  shall  be  any  substan¬ 
tial  vessel  holding  not  less  than  fifty  (50)  gallons. 

(m)  All  mines  shall  have  at  least  one,  not  less  than  three  (3) 

gallon  chemical  fire  extinguisher,* and  one  not  less  than  six  (6)  gallon 
hand-pump  bucket,  including  those  hereinbefore  in  this  Act  required, 
for  each  fifty  (50)  employees  in  the  mine  with  a  minimum  of  six  (6) 
extinguishers  and  six  (6)  pump  buckets,  kept  at  convenient  places  desig¬ 
nated  by  the  mine  manager  throughout  the  mine,  and  three  (3)  fire 
extinguishers  of  three  (3)  gallons  each  in  each  building  located  within 
one  hundred  (100)  feet  of  any  shaft,  drift  or  slope,  and  such  extin¬ 
guishers  shall  be  recharged  once  every  six  months  and  a  record  made  of 
the  date  of  recharging  in  the  mine  examiner^s  report  book :  Provided, 
this  does  not  apply  to  buildings  constructed  of  fire-proof  material.  Such 

extinguishers  and  buckets  shall  be  kept  filled  and  ready  for  use :  Pro¬ 

vided,  that  in  mines  employing  ten  (10)  men  or  less  underground,  the 
chemical  fire  extinguishers  shall  not  he  required. 

(Section  2  amended  and  approved  June  7,  1911.) 

§  6.  The  following  requirements  also  shall  apply  to  all  coal  mines 
developed  within  the  State  of  Illinois  after  the  passage  of  this  Act: 

''Provided,  that  paragraphs  (a)  and  (b)  shall  not  apply  to  mines  where 

ten  (10)  men  or  less  are  employed.” 

(a)  The  hoisting  shaft  and  the  air  and  escapement  shaft  desig¬ 
nated  as  such  under  the  law  in  shaft  mines  and  the  air  and  escapement 
shaft  nearest  tlie  main  opening  in  slope  or  drift  mines,  shall  be  of  fire¬ 
proof  construction,  exce^^t  that  cage  guides  may  be  wood.  All  drifts  and 
slopes  that  are  opened  after  the  passage  of  this  Act  must  be  of  fireproof 

— 2  L  L 


18 


construction  for  a  distance  of  three  hundred  (300)  feet  from  the 
entrance :  Provided,  that  this  section  shall  not  apply  to  shafts  in  actual 
course  of  construction  at  the  time  this  Act  takes  effect. 

(b)  The  roof  and  walls  of  the  passageways  leading  from  the  bot¬ 
tom  of  the  hoisting  shaft  and  the  air  and  escapement  shaft  designated 
as  such  under  the  law,  within  a  distance  of  three  hundred  (300)  feet 
from  the  bottom  of  either  of  said  shafts,  shall  be  of  fireproof  construc¬ 
tion,  except  that  the  coal  rib  oj  pilar  may  be  used  as  a  wall  in  such 
passagew’ays. 

(c)  All  underground  stables  and  the  openings  therein  shall  be  of 
fireproof  construction. 

Stables  in  mines  opened  after  the  passage  of  this  Act  shall  not  be 
located  between  the  main  and  escapement  shaft,  or  in  direct  line  on  the 
ventilating  current  or  on  passageways  leading  to  the  escapement  shaft 
or  shafts. 

(d)  At  mines  constructed  in  conformity  with  the  requirements  of 
this  section  of  this  Act,  the  fire  fighting  equipment  described  in  section 
2,  and  the  fire  drill  described  in  section  5  of  this  x4ct  shall  not  be 
required,  except  that  there  shall  be  kept  at  convenient  places  designated 
by  the  mine  manager,  throughout  each  mine,  one  not  less  than  three  (3) 
gallons  chemical  fire  extinguisher  and  one  not  less  than  six  (6)  gallon 
hand-pump  bucket,  for  each  fifty  (50)  employees  in  the  mine  with  a 
minimum  of  six  (6)  extinguishers  and  six  (6)  pump  buckets,  and  such 
extinguishers  and  buckets  shall  be  kept  filled  and  ready  for  use :  Pro¬ 
vided,  that  in  mines  employing  ten  (10)  men  or  less  underground,  the 
chemical  fire  extinguishers  shall  not  be  required. 

Appeoved  June  26,  1913. 


Fire  Fighting  and  Eescue  Stations 
(Act  of  1910  amended.) 

An  Act  to  amend  sections  5,  6,  8  and  9  of  an  Act  entitled,  ''An  Act  to 
establish  and  maintain  in  the  coal  fields  of  Illinois  mine  fire  fighting 
and  rescue  stations,”  approved  March  4,  1910,  in  force  July  1,  1910, 
title  as  amended  by  Act  approved  June  5,  1911,  in  force  July  1, 1911. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  5,  6,  8  and  9  of 
an  Act  entitled,  ^^An  Act  to  establish  and  maintain  in  the  coal  fields  of 
Illinois  mine  fire  fighting  and  rescue  stations,’’  approved  March  4,  1910, 
in  force  July  1,  1910,  title  as  amended  by  Act  approved  June  5,  1911,  in 
force  July  1,  1911,  be  and  the  same  are  amended  to  read  as  follows: 

§  5.  The  said  commission  shall  appoint  as  manager  of  three  sta¬ 
tions  and  of  their  work,  a  man  experienced  in  mining  and  mine  engi¬ 
neering.  The  manager  shall,  with  the  advice  and  consent  of  the  said 
commission,  appoint  for  each  station  a  superintendent  and  an  assistant. 
Each  appointee  shall  serve  for  a  term  of  two  3'ears  and  until  his  suc¬ 
cessor  is  appointed  and '  qualified,  unless  sooner  discharged  by  the  said 
commission.  Each  appointee  before  entering  upon  the  duties  of  his  office 
shall  take  and  subscribe  to  the  oath  of  office  as  provided  by  law.  The 


19 


manager  shall,  with  the  advice  and  consent  of  the  commission,  have 
authority  to  pay  for  such  assistants  as  may  be  needed  in  giving  instruc¬ 
tion  in  first  aid  to  the  injured  and  similar  technical  subjects,  and  such 
other  assistants  and  porters  as  may  be  needed  from  time  to  time  to 
properly  carry  on  the  work  of  said  rescue  stations  and  such  rescue  cars 
as  may  be  installed  in  connection  with  said  stations,  but  not  more  than 
two  extra  assistants  and  one  porter  shall  be  employed  for  each  rescue  car. 

§  6.  The  manager  shall  receive  two  hundred  and  fifty  dollars  per 
month ;  each  station  superintendent,  one  hundred  and  twenty-five  dollars 
per  month;  and  each  station  assistant,  one  hundred  dollars  per  month; 
and  each  appointee  shall  receive  his  necessary  and  actual  expenses. 

§  8.  Whenever  the  manager  or  the  superintendent  of  any  station 
shall  be  notified  by  any  responsible  person  that  an  explosion  or  accident 
requiring  his  services  has  occurred  at  any  mine  in  the  State,  he  shall 
proceed  immediately  with  suitable  equipment  and  on  arrival  at  the  said 
mine  shall  superintend  the  work  of  the  rescue  corps  in  saving  life  and 
property;  and  he  shall  co-operate  with  the  State  Mine  Inspector  and 
the  management  of  the  mine  in  rescue  work  to  such  extent  as  is  neces¬ 
sary  for  the  protection  of  human  life  in  the  mine,  during  such  time 
as  members  of  the  rescue  corps  are  under  ground  and  while  there  is 
reasonable  expectation  that  men  entombed  in  the  mine  may  be  alive. 

§  9.  The  commission  shall  prepare  a  biennial  report  to  the  Gov¬ 
ernor  and  the  General  Assembly  with  necessary  illustrations  showing 
the  work  performed  and  money  expended  by  the  mine  rescue  service; 
and  the  State  Board  of  Contracts  is  hereby  directed  to  print  and  bind 
said  reports  promptly,  and  to  provide  all  necessary  printing  for  the  mine 
rescue  commission  out  of  the  appropriations  for  such  board  of  contracts. 
The  Secretary  of  State  shall  assign  to  the  use  of  the  commission  suitably 
furnished  rooms  in  the  State  House,  and  shall  also  furnish  whatever 
blanks,  blank  books,  printing^  stationery,  instruments  and  supplies  the 
commission  may  require  in  the  discharge  of  its  duties  and  for  use  of  its 
employees. 

Approved  June  27,  1913. 


Free  Employment  Offices  and  Agencies — Location 

An  Act  to  amend  section  1  of  an  Act  entitled,  “An  Act  relating  to  em- 
ployment  offices  and  agencies,”  approved  and  m  force  May  11,  1903. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  entitled, 
“An  Act  relating  to  employment  offices  and  agencies,’^  approved  and  in 
force  May  11,  1903,  be  amended  to  read  as  follows: 

§  1.  That  free  employment  offices  are  hereby  created  as  follows: 
One  in  each  city  of  not  less  than  fifty  thousand  population,  one  in  two 
or  more  contiguous  cities  or  towns  having  an  aggregate  or  combined 
population  of  not  less  than  fifty  thousand  population,  and  three  in  each 
city  containing  a  population  of  one  million  or  over,  for  the  purpose  of 
receiving  applications  of  persons  seeking  employment  and  applications 
of  persons  seeking  to  employ  labor.  Such  offices  shall  be  designated  and 
known  as  Illinois  Free  Employment  Offices. 

Approved  June  21,  1913. 


20 


Headlights  ox  Lucomotive  Engines 

Ax  Act  in  relation  to  the  equipment  of  locomotive  engines  ivitJi  head¬ 
lights  and  providing  penalty  for  violation  of  same. 

(Senate  Bill  No.  473.  Approved  June  26,  1913.) 

Section  1.  Be  it  enacted  hy  the  Feople  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  all  common  carriers  by 
railroad,  operating  or  doing  business  in  this  State,  shall  be  required  to 
equip  and  maintain  and  use  on  all  locomotive  engines  used  by  them  in 
passenger  service,  (except  suburban  passenger  service)  a  headlight  of 
sufficient  candle  power,  measured  with  the  aid  of  a  reflector,  to  throw 
a  light  in  clear  weather  that  will  enable  the  operator  of  same  to  plainly 
discern  an  object  the  size  of  a  man,  upon  the  track,  at  a  distance  of  800 
feet  from  the  headlight;  and  upon  all  locomotive  engines  used  by  them 
in  freight  service,  exclusive  of  engines  in  switching,  and  transfer  service, 
with  a  headlight  of  sufficient  candle  power,  measured  with  the  aid  of  a 
reflector  to  throw  a  light  in  clear  weather  that  will  enable  the  operator, 
of  same,  to  plainly  discern  an  object  the  size  of  a  man  upon  the  track, 
at  a  distance  of  450  feet  from  the  headlight;  and  upon  all  engines  used 
by  them  in  switching,  transfer,  and  suburban  passenger  service,  with 
a  headlight  of  sufficient  candle  power,  measured  with  the  aid  of  a 
reflector,  to  throw  a  light,  in  clear  weather  that  will  enable  the  operator 
to  plainly  discern  an  object  the  size  of  a  man  upon  the  track,  at  a  dis¬ 
tance  of  250  feet  from  the  headlight:  Provided,  this  Act  shall  not  apply 
to  any  locomotive  engines  running  between  sun  up  and  sundown,  or  to 
any  locomotive  engine,  the  equipment  of  which  has  failed  during  the 
trip,  providing  it  is  shown  that  the  equipment  was  in  efficient  and 
effective  working  condition  when  the  trip  was  begun. 

§  2.  That  any  common  carrier  by  railroad  violating  any  of  the 
provisions  of  this  Act,  shall  be  guilty  of  a  misdemeanor  and  shall  be 
subject  to  a  fine  of  not  less  than  one  hundred  dollars  ($100),  nor  more 
than  five  hundred  dollars  ($500)  for  each  offense. 

Approved  June  26,  1913. 


Industrial  Board= — Compensation  for  Accidental  Injuries  or 


Death  of 

1.  Any  employer  may  elect  to  provide  and 
pay  compensation  for  accidental  injuries 
or  death  of  employees. 

(a)  Employer  accepting  Act  to  file  notice 

with  Industrial  Board. 

(b)  Bound  as  to  all  employees  to  Jan¬ 

uary  1,  next  succeeding  year,  and 
for  years  thereafter — employer  may 
elect  not  to  pay  compeiisation — 
notice  to  be  filed  with  board  sixty 
days  prior  to  end  of  any  calendar 
year— same  notice  to  be  posted  at 
plant,  shop,  or  working  place  of 
employee. 

(c)  Employer  electing  to  accept  provi¬ 

sions  of  Act — all  employees  bound 
thereby — notice  to  contrary  to  be 
filed  within  thirty  days  —  em¬ 
ployees  may  withdraw  by  filing 
notice  ten  days  prior  to  January 
1st  of  any  year. 

(d)  Employer  or  employee  may  with¬ 

draw  rejections  by  giving  thirty 
days’  notice. 


Employees 

§  2.  Every  employer  whose  business  comes  under 
Act  bound  by  its  provisions  unless  notice 
to  contrary  is  filed  and  copy  of  said 
notice  furnished  to  employees. 

§  3.  (a)  Employer  rejecting  Act  liable  in 
action  for  damages— certain  defenses 
abrogated. 

(d)  Business  enterprises  Act  enumerated. 

§  4.  Term  "employer”  defined — liabilit}’. 

§  5.  Term  "employee”  defined. 

§  6.  Employee  under  Act,  dependent,  or  legal 
representative,  denied  right  to  recover 
except  under  Act. 

§  7.  (a)  Compensation  for  injury  resulting  in 

death — payable  to  widow  or  child¬ 
ren— how  computed— minimum  and 
maximum  amounts. 

(b)  Compensation  not  payable  under 
paragraph  (a) — to  whom  payable 
defined. 


21 


INDUSTRIAL  BOARD— Co7^<mMed 


(c)  Compensation  not  payable  nnder 

paragraphs  (a)  and  (b)— to  whom 
payable  defined. 

(d)  Compensation  not  payable  under 

paragraphs  (a)  or  (b)  or  (c)— burial 
expenses  paid. 

(e)  All  compensation,  in  case  of  death, 

paid  in  installments,  same  as  wages, 
were  paid — exceptions. 

(f)  Compensation  to  be  paid  in  case  of 

death,  at  option  of  employer— to 
whom  paid — hcfw  distributed  to 
benefitciaries  or  heirs. 

§  8.  Compensation  to  employee  for  non-fatal 
injury. 

(a)  Employer  to  provide  first  aid  medical 

and  hospital  services — employee 
may  elect  to  provide  same. 

(b)  If  incapacity  for  work  exceeds  six 

working  days  compensation  to  be 
paid,  begirming  on  eighth  day,  and 
continued — stipulations. 

(c)  Permanent  disfigurements  mentioned 

— compensation  fixed  by  agreement 
or  arbitration — provision  as  to  pay¬ 
ments. 

(d)  Partial  permanent  disability— com¬ 

pensation  to  be  paid — limitations  to 
time  and  amounts  provided — em¬ 
ployees  returning  to  previous  place 
no  bar  to  claiming  compensation — 
notice  requhed. 

(e)  Employee  to  receive  additional  com¬ 

pensation  for  temporary  total  in¬ 
capacity —  injuries  enumerated  — 
compensation  specified  for  classified 
injuries— permanent  disabilities  de¬ 
fined,  others  not  excluded. 

(f)  Cases  of  complete  disability — compen¬ 

sation,  amount  of  specified — when 
paid — limitation  of  total  amount — 
life  pension  provision — amount  of — 
how  paid. 

(g)  Should  death  occur  from  injury  before 

maximum  amount  is  paid — em¬ 
ployer  to  pay  difference  to  heirs — 
not  less  than  $500. 

(h)  Compensation  limited — complete  disa¬ 

bility  excepted  —  conservator  ap¬ 
pointed  for  incompetent  employee 
injured. 

(i)  All  compensation  payable  same  in¬ 

tervals  as  wages — exception. 

§  9.  Employer  or  employee  may  petition  board 
at  any  time  for  lump  sum  payment  of 
compensation — interested  parties  to  ap¬ 
pear  before  board — if  best  interest  con¬ 
served  board  will  order  compensation — 
in  cases  of  complete  disability  board  will 
not  consider  petition  until  six  months 
after  accident — where  necessary,  guar¬ 
dian,  conservator  or  administrator  ap¬ 
pointed  or  proper  application — employer 
may  petition  for  appointment  of  public 
administrator,  conservator  or  guardian 
—when— if  lump  sum  awarded  is  un¬ 
satisfactory  to  either  party,  written  ob¬ 
jection  to  be  filed  within  ten  days — com¬ 
pensation  then  payable  as  provided. 

§  10.  Basis  for  computing  compensation  named 
in  sections  7  and  8. 

(a)  Earnings  under  same  employer  con¬ 

tinuously  for  preceding  year,  basis 
of  compensation. 

(b)  Meaning  of  “same  employer” — grade 

of  work  at  time  of  accident— no 
absence  for  work^ — causes. 

(c)  Employment  not  continuous  for  full 

year  with  same  employer — how  com¬ 
pensation  computed. 

(d)  Employee  not  regularly  employed — 

computation. 


(e)  Employments  operating  only  parts 

of  year— how  earnings  of  employees 
mav  be  computed. 

(f)  Employee  earning  no  wages  or  less 

than  day  laborers,  same  employ¬ 
ment  —  yearly  wages  —  how  com¬ 
puted. 

(g)  Earnings  based  on  hours  comprising 

prevailing  days’  work — extra  earn¬ 
ings  excluded. 

(h)  Employee  receiving  compensation — 

again  injured — subsequent  compen¬ 
sation  how  apportioned. 

(i)  Compensation  by  installment  periods 

— how  determined. 

§  11.  Employer’s  responsibility  for  injury  or 
death  of  employee. 

§12.  Employee  injured  entitle  to  compensation 
—submit  to  examination  by  surgeon 
selected  by  employer — time— place — ex¬ 
pense-second  and  subsequent  examina¬ 
tions— purpose— conditions— surgeon  pro¬ 
vided  by  employee  to  be  present — re¬ 
fusal  of  employee  or  obstruction  to  ex¬ 
amination-rights  to  compensation  sus¬ 
pended. 

§  13.  Industrial  Board  appointed  by  Governor- 
confirmed  by  Senate— qualification— not 
more  than  two  members  to  be  of  same 
political  party. 

§  14.  Salaries  of  members  of  board— secretary- 
assistants  and  clerical  help — official  seal. 

§  15.  Jurisdiction  of  board — operation— control- 
duties. 

§  16.  Board  to  make  rules  and  orders  governing 
duties — manifestly  reasonable  —  proced¬ 
ure  before  board  simple  and  brief— board 
or  members  administer  oaths — subpoenas 
—examine  witnesses,  books,  papers,  rec¬ 
ords,  places  and  premises— when. 

§  17.  Board  to  furnish  blank  forms  for  use  of  em¬ 
ployer  and  employee — keep  indexed  rec¬ 
ord — date  of  employer  filing  notice  de¬ 
clining  provisions  of  Act  or  wdthdrawing 
same — same  record  for  employee — other 
notices  to  be  recorded  —  proceedings 
recorded  of  all  orders,  awards  and  arbi¬ 
trations — other  necessary  books  and  rec¬ 
ords  kept  in  office  of  board. 

§  18.  Board  to  determine  all  questions  arising 
not  settled  by  agreement  of  parties— ex¬ 
ceptions. 

§  19.  Disputed  questions  between  employer  and 
employee,  how  determined. 

(a)  Board  when  notified  of  failure  of  agree¬ 

ment,  to  notify  both  parties  to  ap¬ 
point  representatives  on  committee 
of  arbitration — board  designates  one 
of  its  number  or  an  agent  to  act  as 
chairman— either  party  failing  to 
appoint  member  of  committee  with¬ 
in  seven  days,  board  to  appoint  per¬ 
son  to  fill  vacancy — notice  given — 
expenses  of  such  appointee — how 
paid. 

(b)  Committee  of  arbitration— powers— 

investigations  —  examine  books, 
papers,  records,  premises— hearings 
held  in  vicinity  of  injury— ten  days’ 
notice  of  time  and  place  given  to  all 
parties — decisions  of  committee  filed 
with  board— board  to  send  copy  to 
each  party  with  date  of  filing — 
petition  for  review  by  either  pdrty 
filed  with  board  within  fifteen  days 
—party  petitioning  to  file  with 


22 


INDUSTRIAL  BOARD — Continued 


board  within  twenty  days  agreed 
statement  of  facts  on  hearing  steno¬ 
graphic  report— decision  of  board 
entered  of  record— board  may  for 
cause  grant  further  time  to  petition 
for  review,  file  agreed  statement  or 
stenographic  report— agreed  state¬ 
ment  or  stenographic  report  to  bear 
signatures  of  both  parties  or  attor¬ 
neys — parties  or  attorneys  disagree¬ 
ing  to  steno^aphic  report— authen¬ 
ticated  by  signature  of  chairman  of 
committee. 

(c)  Board  may  employ  qualified  physi¬ 

cian  to  examine  injured  employee 
and  report — fee  not  to  exceed  five 
dollars  and  expenses — additional 
amounts  allowed  by  board — when 
— fees  and  payments— services  of  at¬ 
torneys  and  physicians  authorized 
under  Act— subject  to  review  and 
decision  of  board  on  request  of  em¬ 
ployer,  employee  or  beneficiary. 

(d)  Injured  employee  persisting  in  im- 

sanitary  or  hajurious  practices,  tend¬ 
ing  to  retard  recovery — refusing  es¬ 
sential  medical  treatment— board 
may  reduce  or  suspend  compen¬ 
sation. 

(e)  When  petition  for  review  and  agreed 

statement  are  filed — board  to  review 
decision  of  committee  and  facts  in 
cormection  therewith — may  hear  ad¬ 
ditional  evidence — board  will  file 
decision  on  review— each  party  fur¬ 
nished  copy — board  names  place  of 
holding  review  and  hearing — within 
twenty  days  or  further  time  if 
granted  by  board,  either  party  maj^ 
file  authenticated  agreed  statement 
appearing  at  hearing— disagreement 
of  parties— chairman  of  board  au¬ 
thenticates— all  statements  filed  of 
proceedings  and  hearings  before 
committee  or  board  become  part 
of  record. 

(f)  Decision  of  board,  paragraph  (e)  and 

committee,  approved  by  board,  tu 
absence  of  fraud,  conclusive — Su¬ 
preme  Court  power  to  review — 
aggrieved  party  may  apply  within 
thirty  days  after  notice  of  decision 
or  after  filing  agreed  statement  for 
certiorari,  mandamus  or  other  pro¬ 
cess  permissible — decision  of  two 
members  of  board  or  committee 
determines  all  questions. 

(g)  Either  party  may  present  to  proper 

court  certified  copy  of  decision  of 
board  where  no  review  taken;  or  of 
committee  where  no  claim  for  re- 
\uew  made;  or  of  board  after  hearing 
on  review,  providing  for  compensa¬ 
tion — court  will  render  judgment — 
employer  not  instituting  proceed¬ 
ings  for  review,  and  refusing  to  pay 
compensation  as  awarded,  court  to 
tax  all  court  costs  and  attorney  fees 
in  arbitration  and  court  entering 
judgment,  in  favor  of  person  for 
whom  judgment  was  entered — said 
judgment  and  costs,  unless  set  aside, 
has  same  effect  as  rendered  in  any 
action  and  be  entered  and  docketed 
— circuit  court  to  have  power  on 
applications  to  make  its  judgment 
coifiorm  to  modifications  of  Supreme 
Comt  or  proceedings  for  review  im- 
der  Act — employer  to  have  fifteen 
days’  notice  of  time  and  place  of 
application  for  entry  of  judgment 
— served  by  filing  with  board— copy 
sent  to  employer  or  agent  of  board — 
judgment  not  entered  if  employer 


files  required  bond  with  board  for 
payment  of  award— failure  to  prose¬ 
cute — proceedings  for  review  of  de¬ 
cision-decision  affirmed. 

(h)  Agreement  for  payment  of  compensa¬ 

tion  by  installments — reviewed  by 
board  within  eighteen  months — re¬ 
quest  made  by  either  employer  or 
employee — basis  for  such  review — 
compensation  payments — how  ef¬ 
fected — board  to  give  fifteen  days’ 
notice  of  hearings— employer  filing 
petition  for  review— employee  to 
have  special  notice  enabling  'him  to 
attend  hearings — limited  mileage 
paid — if  allowed  by  board — costs 
deposited  by  employer. 

(i)  Either  party  taking  action  for  pro¬ 

ceedings  before  board  or  any  com¬ 
mittee  or  court,  must  file  with  board 
address  or  name  and  address  of 
agent;  notices  served  personally  or 
by  registered  mail— address  not 
filed,  service  had  by  filing  notice 
with  board. 

§  20.  Board  to  report  to  Governor  June  20th 
aimually — scope  of  report— special  bulle¬ 
tins  issued. 

§  21.  No  iiayment,  claim  or  award  under  Act 
assignable  or  liable  in  any  manner — in 
case  of  insolvency  of  employer,  certified 
copy  of  decision  of  board  for  compensa¬ 
tion  may  be  filed  with  coimty  recorder 
of  anv  county — becomes  paramount  lien 
on  all  property  of  employer  in  county 
— wages  and  taxes  excepted — lien  en¬ 
forced  by  court — right  to  receive  com¬ 
pensation  extinguished  by  death  of  em¬ 
ployee  or  heirs— subject  to  provisions  for 
compensation  for  death  in  course  of  em¬ 
ployment. 

§  22.  Fraud  presumed  for  any  a^eement  made 
within  seven  days  after  injm-y  by  em¬ 
ployer  or  representative  with  employee 
or  beneficiaries  for  any  claim  under  Act. 

§  2.3.  No  employee,  representative  or  beneficiary 
has  power  to  waive  provisions  of  Act 
relating  to  compensation. 

§  24.  Proceedings  for  compensation— employer 
to  be  given  notice  of  accident  soon  as 
practicable — not  later  than  thirty  days 
thereafter — mental  incapacity  of  employee 
within  six  months — no  defect  in  notice 
a  bar  to  employee  maintaining  proceed¬ 
ings — employer  must  prove  prejudice  for 
any  defect  m  notice  of  employee — sub¬ 
stance  of  notice  to  employer — employer 
not  relieved  from  liability — when — claim 
for  compensation  to  be  made  within  six 
months  after  accident. 

§  25.  Liability  of  employer  for  compensation 
may  be  relieved  by  board. 

(a)  Depositing  computed  value. 

(b)  Purchase  of  annuity. 

§  26.  Employer  to  file  with  board  statement  of 
financial  ability  to  pay  compensation- 
other  requirements. 

§  27.  Insurance  maintained  by  employer  or  em¬ 
ployee  not  disturbed  by  Act. 

(b)  Existing  insurance  cannot  be  discon¬ 

tinued  until  all  obligations  are  dis¬ 
charged. 

(c)  Employee  imder  contract  to  pay 

premium  on  insurance  against  com¬ 
pensation  of  Act,  null  and  void — 
employer  not  to  withhold  wages— 
penalty. 


23 


INDUSTKIAL  'RO KRJ)— Concluded 


§  28.  Inability  of  employee  to  recover  compen¬ 
sation  from  employer — subrogated  to  all 
rights  of  employer  against  insurance  com¬ 
pany — insurance  company  to  pay  em¬ 
ployee. 

§  29.  Injury  or  death  of  employee  not  proxim- 
ately  caused  by  negligence  of  employer 
or  employees,  but  caused  by  some  other 
person,  under  the  Act,  legally  liable — 
right  of  employee  to  recover— proceedings 
when  person  legally  liable,  not  under 
Act. 

§  30.  Employer  to  send  board  immediate  report 
of  fatal  accident — other  reports  between 
15th  and  25th  of  each  month — further 
report  in  case  of  permanent  disability— 
what  reports  shall  contain — no  other  re¬ 
port  to  be  made  to  State  officer. 

(House  Bill  No.  841. 


§  31.  Persons  sub-contracting  to  do  work  must 
furnish  bond  to  employer  to  secure  lia¬ 
bility  for  accident  to  employee. 

§  32.  Right  of  action  for  damages  under  existing 
laws,  at  time  this  Act  takes  effect,  not 
disturbed. 

§  33.  Penalty  for  failure  to  comply  with  any  pro¬ 
visions  of  Act  punishable  by  fine  from 
$10  to  $500  at  the  discretion  of  the  court. 

§  34.  Invalidity  of  any  part  of  Act  not  to  affect 
any  other  valid  portion  thereof. 

§  35.  Act  of  1911  repealed. 


Appkoved  June  28, 1913.) 


An  Act  to  promote  the  general  welfare  of  the  people  of  this  State  hy 
providing  compensation  for  accidental  injuries  or  death  suffered  in 
the  course  of  employment  within  this  State;  providing  for  the  en¬ 
forcement  and  administering  thereof,  and  a  penalty  for  its  violation, 
and  repealing  an  Act  entitled,  ‘"An  Act  to  promote  the  general  wel¬ 
fare  of  the  people  of  this  State .  hy  providing  compensation  for 
accidental  injuries  or  deatU  suffered  in  the  course  of  employment/^ 
approved  June  10,  1911,  in  force  May  1,  1912. 


Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assemhly:  That  any  employer  in  this  State 
may  elect  to  provide  and  pay  compensation  for  accidental  injuries  sus¬ 
tained  by  any  employee  arising  out  of  and  in  the  course  of  the  employ¬ 
ment  according  to  the  provisions  of  this  Act,  and  thereby  relieve  him¬ 
self  from  any  liability  for  the  recovery  of  damages,  except  as  herein 
provided. 

(a)  Election  by  an  employer  to  provide  and  pay  compensation 
according  to  the  provisions  of  this  Act  shall  be  made  by  the  employer  . 
filing  notice  of  such  election  with  the  Industrial  Board. 

(b)  Every  employer  within  the  provisions  of  this  Act  who  has 
elected  to  provide  and  pay  compensation  according  to  the  provisions  of 
this  Act  shall  be  bound  thereby  as  to  all  his  employees  covered  by  this 
Act  until  January  1st  of  the  next  succeeding  year  and  for  terms  of  each 
year  thereafter :  Provided,  any  such  employer  may  elect  not  to  provide 
and  pay  the  compensation  herein  provided  for  accidents  resulting  in 
either  injury  or  death  and  occurring  after  the  expiration  of  any  such 
calendar  year  by  filing  notice  of  sncli  election  with  the  Industrial  Board 
at  least  sixty  days  prior  to  the  expiration  of  any  such  calendar  year, 
and  by  posting  such  notice  at  a  conspicuous  place  in  the  plant,  shop, 
office,  room,  or  place  where  such  employee  is  emplo3^ed,  or  by  personal 
service,  in  written  or  printed  form,  upon  such  employee,  at  least  sixty 
days  prior  to  the  expiration  of  any  such  calendar  year. 

(c)  In  the  event  any  employer  elects  to  provide  and  pay  the  com¬ 
pensation  provided  in  this  Act,  then  every  employee  of  such  employer, 
as  a  part  of  his  contract  of  hiring  or  who  may  be  employed  at  the  time 
of  the  taking  effect  of  this  Act  and  the  acceptance  of  its  provisions  by 
the  employer,  shall  be  deemed  to  have  accepted  all  the  provisions  of  this 


24 


Act  and  shall  be  bound  thereby  unless  within  thirty  days  after  such 
hiring  or  after  the  taking  effect  of  this  Act,  and  its  acceptance  by  the 
employer,  he  shall  file  a  notice  to  the  contrary  with  the  Industrial  Board, 
whose  duty  it  shall  be  to  immediately  notify  the  employer,  and  if  so 
notified,  the  employer  shall  not  be  deprived  of  any  common  law  or 
statutory  defenses  existing  but  for  this  Act;  and  until  such  notice  to 
the  contrary  is  given  to  the  employer,  the  measure  of  liability  of  the 
emplo3^er  shall  be  determined  according  to  the  compensation  provisions 
of  this  Act :  Provided,  however,  that  any  employee  may  withdraw 
from  the  operation  of  this  Act  upon  filing  a  written  notice  of  withdrawal 
at  least  ten  days  prior  to  January  1st  of  any  year  with  the  Industrial 
Board,  whose  duty  it  shall  be  to  immediately  notify  the  employer  by 
registered  mail,  and,  if  so  notified,  the  employer  shall  not  be  deprived 
of  any  common  law  or  statutory  defenses  existing  but  for  this  Act,  and 
until  such  notice  to  the  contrary  is  given  to  the  employer,  the  measure 
of  liability  of  the  employer  shall  be  determined  according  to  the  com¬ 
pensation  provisions  of  this  Act. 

(d)  Any  employer  or  employee  ma^^,  without  prejudice  to  any 
existing  right  or  claim,  withdraw  his  election  to  reject  this  Act  by  giving 
thirty  days’  written  notice  in  such  manner  and  form  as  may  be  provided 
by  the  Industrial  Board. 

§  2.  Every  employer  enumerated  in  section  3,  paragraph  (b), 
shall  be  conclusively  presumed  to  have  filed  notice  of  his  election  as 
provided  in  section  1,  paragraph  (a),  and  to  have  elected  to  provide  and 
pay  compensation  according  to  the  provisions  of  this  Act,  unless  and 
until  notice  in  writing  of  his  election  to  the  contrary  is  filed  with  the 
Industrial  Board  and  unless  and  until  the  employer  shall  either  furnish 
to  his  employee  personally  or  post  at  a  conspicuous  place  in  the  plant, 
shop,  office,  room  or  place  where  such  employee  is  to  be  employed,  a 
copy  of  said  notice  of  election  not  to  provide  and  pay  compensation 
according  to  the  provisions  of  this  Act;  which  notice  of  non-election  if 
filed  and  posted  as  herein  provided,  shall  be  effective  until  withdrawn  ; 
and  such  notice  of  non-election  may  be  withdrawn  as  provided  in  this 
Act. 

§  3.  (a)  In  any  action  to  recover  damages  against  an  employer, 

engaged  in  any  of  the  occupations,  enterprises  or  business  enumerated 
in  paragraph  (b)  of  this  section,  who  shall  elect  not  to  provide  and 
pay  compensation  to  any  employee,  according  to  the  provisions  of  this 
Act,  it  shall  not  be  a  defense,  that : 

Firfit — The  employee  assumed  the  risks  of  the  employment ; 

Second — The  injury  or  death  was  caused  in  whole  or  in  part  by 
the  negligence  of  a  fellow-servant;  or 

Third — The  injury  or  death  was  proximatelv  caused  by  the  con¬ 
tributory  negligence  of  the  employee. 

(b)  The  provisions  of  paragraph  (a)  of  this  section  shall  only 
apply  to  an  employer  engaged  in  any  of  the  following  occupations, 
enterprises  or  businesses,  namely: 

1.  The  building,  maintaining,  repairing  or  demolishing  of  any 
structure ; 

2.  Construction,  excavating  or  electrical  work; 


25 


3.  Cari’iage  by  land  or  water  and  loading  and  unloading  in  con¬ 
nection  therewith; 

4.  The  operation  of  any  warehouse  or  general  or  terminal  store 
houses ; 

5.  Mining,  surface  mining  or  quarrying; 

(].  Any  enterprise  in  which  explosive  materials  are  manufactured, 
handled  or  used  in  dangerous  quantities; 

7.  In  any  enterprise  wherein  molten  metal,  or  explosive  or 
injurious  gases  or  vapors,  or  inflammable  vapors  or  fluids,  or  corrosive 
acids,  are  manufactured,  used,  generated,  stored  or  conveyed  in 
dangerous  quantities ; 

8.  In  any  enterprise  in  which  statutory  or  municipal  ordinance 
regulations  are  now  or  shall  hereafter  be  imposed  for  the  regulating, 
guarding,  use  or  the  placing  of  machinery  or  appliances,  or  for  the  pro¬ 
tection  and  safeguarding  of  the  employees  or  the  public  therein;  each 
of  which  occupations,  enterprises  or  businesses  are  hereby  declared  to 
be  extra-hazardous. 

§  4.  The  term  ^‘Tmployer’^  as  used  in  this  Act  shall  be  construed 
to  be : 

First — The  State  and  each  county,  city,  town,  township,  incorpo¬ 
rated  village,  school  district,  body  politic,  or  municipal  corporation 
therein. 

Second — Every  person.  Arm,  public  or  private  corporation,  including 
hospitals,  public  service,  eleemosynary,  religious  or  charitable  corpora¬ 
tions  or  associations  who  has  an}^  person  in  service  or  under  any  con¬ 
tract  for  hire,  express  or  implied,  oral  or  written,  and  who,  at  or  prior 
to  the  time  of  the  accident  to  the  employee  for  which  compensation 
under  this  Act  may  be  claimed,  shall  in  the  manner  provided  in  this 
Act  have  elected  to  become  subject  to  the  provisions  of  this  Act,  and 
who  shall  not,  prior  to -such  accident,  have  effected  a  withdrawal  of  such 
election  in  the  manner  provided  in  this  Act. 

§  5.  The  term  ^‘^employee’^  as  used  in  this  Act  sliall  be  construed 
to  mean: 

First — Every  person  in  the  service  of  the  State,  county,  city,  town, 
township,  incorporated  village  or  school  district,  body  politic,  or  munici¬ 
pal  corporations  therein,  under  appointment,  or  contract  of  hire,  express 
or  implied,  oral  or  written,  except  any  official  of  the  State,  or  of  any 
county,  city,  town,  township,  incorporated  village,  school  district,  body 
politic  or  municipal  corporation  therein;  and  except  any  employee 
thereof  for  whose  accidental  injury  or  death  arising  out  of  and  in  the 
course  of  his  employment  compensation  or  a  pension  shall  be  payable  to 
him,  his  personal  representative,  beneficiaries  or  heirs,  from  any  pension 
or  benefit  fund  to  which  the  State,  or  any  county,  city,  town,  township, 
incorporated  village,  school  district,  body  politic  or  municipal  corpora¬ 
tion  therein  contributes  in  whole  or  in  part :  Provided,  that  one  employed 
by  a  contractor  who  has  contracted  with  the  State,  or  a  county,  city, 
town,  township,  incorporated  village,  school  district,  body  politic  or 
municipal  corporation  therein,  through  its  rej^resentatives,  shall  not  be 
considered  as  an  employee  of  the  State,  county,  city,  town,  township, 
incorporated  village,  school  district,  body  politic  or  municipal  corpora¬ 
tion  which  made  the  contract. 


26 


Second — Every  person  in  the  service  of  another  under  any  contract 
of  hire,  express  or  implied,  oral  or  written,  including  aliens,  and  minors 
who  are  legally  permitted  to  work  under  the  laws  of  the  Staie,  who,  for 
the  purpose  of  this  Act,  shall  be  considered  the  same  and  have  the  same 
power  to  contract,  receive  payments  and  give  quittances  therefor,  as  adult 
employees,  but  not  including  any  person  whose  employment  is  but  casual 
or  who  is  not  engaged  in  the  usual  course  of  the  trade,  business,  pro¬ 
fession  or  occupation  of  his  employer:  Provided,  that  employees  shall 
not  be  included  within  the  provisions  of  this  Act  when  excluded  by  the 
laws  of  the  United  States  relating  to  liability  of  employers  to  their 
employees  for  personal  injuries  where  such  laws  are  held  to  be  exclusive. 

§  6.  No  common  law  or  statutory  right  to  recover  damages  for 
injury  or  death  sustained  by  any  employee  while  engaged  in  the  line  of 
his  duty  as  such  employee  other  than  the  compensation  herein  provided 
shall  be  available  to  any  employee  who  is  covered  by  the  provisions  of 
this  Act,  to  any  one  wholly  or  partially  dependent  upon  him,  the  legal 
representatives  of  his  estate,  or  any  one  otherwise  entitled  to  recover 
damages  for  such  injury. 

§  7.  The  amount  of  compensation  which  shall  be.  paid  for  an 
injury  to  the  employee  resulting  in  death  shall  be: 

(a)  If  the  employee  leaves  any  widow,  child  or  children  whom  he 
was  under  legal  obligation  to  support  at  the  time  of  his  injury,  a  sum 
equal  to  four  times  the  average  annual  earnings  of  the  employee,  but 
not  less  in  any  event  than  one  thousand  five  hundred  dollars  and  not 
more  in  any  event  than  three  thousand  five  hundred  dollars.  Any  com¬ 
pensation  payments  other  than  necessary  medical,  surgical  or  hospital 
fees  or  services  shall  be  deducted  in  ascertaining  the  amount  payable 
on  death. 

(b)  If  no  amount  is'  payable  under  paragraph  (a)  of  this  section 
and  the  employee  leaves  any  widow,  child,  parent,  grandparent  or  other 
lineal  heir,  to  whose  support  he  had  contributed  within  four  years  pre¬ 
vious  to  the  time  of  his  injury,  a  sum  equal  to  four  times  the  average 
annual  earnings  of  the  employee,  but  not  less  in  any  event  than  one 
thousand  five  hundred  dollars  and  not  more  in  any  event  than  three 
thousand  five  hundred  dollars.  Any  compensation  payments  other  than 
necessary  medical,  surgical  or  hospital  fees  or  services  shall  be  deducted 
in  ascertaining  the  amount  payable  on  death. 

(c)  If  no  amount  is  payable  under  paragraph  (a)  or  (b)  of  this 
section  and  the  employee  leaves  collateral  heirs  dependent  at  the  time  of 
the  injury  to  the  employee  upon  his  earnings,  such  a  percentas^e  of  the 
sum  provided  in  paragraph  (a)  of  this  section  as  the  average  annual 
contributions  which  the  deceased  made  to  the  support  of  such  collateral 
dependent  heirs  during  the  two  years  preceding  the  injury  bears  to  his 
earnings  during  such  two  years. 

(d)  If  no  amount  is  payable  under  paragraph  (a)  or  (b)  or  (c) 
of  this  section,  a  sum  not  to  exceed  one  hundred  and  fifty  dollars  for 
burial  expenses. 

(e)  All  compensation  except  for  burial  expenses,  provided  for  in 
this  section  to  be  paid  in  case  injury  results  in  death,  shall  be  paid  in 
installments  equal  to  one-half  the  average  earnings,  at  the  same  intervals 
at  which  the  wages  or  earnings  of  the  employee  were  paid ;  or  if  this  shall 


27 


not  be  feasible,  then  the  installments  shall  be  paid  weekly:  Provided, 
such  compensation  may  be  paid  in  a  lump  sum  upon  petition  as  provided 
in  section  9  of  this  Act. 

(f)  The  compensation  to  be  paid  for  injury  which  results  in  death, 
as  provided  in  this  section,  shall  be  paid  at  the  option  of  the  employer 
either  to  the  personal  representative  of  the  deceased  employee  or  to  his 
beneficiaries,  and  shall  be  distributed  to  the  heirs  who  formed  the  basis 
for  determining  the  amount  of  compensation  to  be  paid  by  the  employer, 
the  distributees^  shares  to  be  in  the  proportion  of  their  respective  depend¬ 
ency  at  the  time  of  the  injury  on  the  earnings  of  the  deceased:  Pro¬ 
vided,  that,  in  the  judgment  of  the  court  appointing  the  personal 
representative,  a  child’s  distributive  share  may  be  paid  to  the  parent  for 
the  support  of  the  child.  The  payment  of  compensation  by  the 
employer  to  the  personal  representative  of  the  deceased  employee  shall 
relieve  him  of  all  obligations  as  to  the  distributio*n  of  such  compensation 
so  paid.  The  distribution  by  the  personal  representative  of  the  compen¬ 
sation  paid  to  him  by  the  employer  shall  be  made  pursuant  to, the  order 
of  the  court  appointing  him. 

§  8.  The  amount  of  compensation  which  shall  be  paid  to  the 
employee  for  an  injury  not  resulting  in  death  shall  be: 

(a)  The  emjhoyer  shall  provide  necessary  first  aid  medical,  sur¬ 
gical  and  hospital  services ;  also  medical,  surgical  and  hospital  services 
for  a  period  not  longer  than  eight  weeks,  not  to  exceed,  however,  the 
amount  of  $200.  The  employee  may  elect  to  secure  his  own  physician, 
surgeon  or  hospital  services  at  his  own  expense. 

(b)  If  the  period  of  temporary  total  incapacity  for  work  lasts  for 
more  than  six  working  days,  compensation  equal  to  one-half  the  earnings, 
but  not  less  than  $5  nor  more  than  $12  per  week,  beginning  on  the 
eighth  day  of  such  temporary  total  incapacity,  and  continuing  as  long 
as  the  temporary  total  incapacity  lasts,  but  not  after  the  amount  of 
compensation  paid  equals  the  amount  which  would  have  been  payable  as 
a  death  benefit  under  paragraph  (a),  section  7,  if  the  employee  had  died 
as  a  result  of  the  injury  at  the  time  thereof,  leaving  heirs  surviving  as 
provided  in  said  paragraph  (a),  section  7. 

(c)  Tor  any  serious  and  permanent  disfigurement  to  the  hands, 
head  or  face,  the  employee  shall  be  entitled  to  compensation  for  such 
disfigurement,  the  amount  to  be  fixed  by  agreement  or  by  arbitration  in 
accordance  with  the  provisions  of  this  Act,  which  amount  shall  not 
exceed  one-quarter  of  the  amount  of  the  compensation  which  would  have 
been  payable  as  a  death  benefit  under  paragraph  (a),  section  7,  if  the 
employee  had  died  as  a  result  of  the  injury  at  the  time  thereof,  leaving 
heirs  surviving,  as  provided  in  said  paragraph  (a),  section  7:  Provided, 
that  no  compensation  shall  be  payable  under  this  paragraph  where  com¬ 
pensation  is  payable  under  paragraphs  (d),  (e)  or  (f)  of  this  section. 

(d)  If,  after  the  injury  has  been  sustained,  the  employee  as  a 
result  thereof  becomes  partially,  though  permanently  incapacitated  from 
pursuing  his  usual  and  customary  line  of  employment,  he  shall,  except 
in  the  cases  covered  by  the  specific  schedule  set  forth  in  paragraph  (e) 
of  this  section,  receive  compensation,  subject  to  the  limitations  as  to 
time  and  maximum  amounts  fixed  in  paragraphs  (b)  and  (h)  of  this 
section,  equal  to  one-half  of  the  difference  between  the  average  amount 


28 


which  he  earned  before  the  accident,  and  the  average  amount  which  he 
is  earning  or  is  able  to  earn  in  some  suitable  employment  or  business 
after  the  accident.  In  the  event  the  employee  returns  to  the  employ¬ 
ment  of  the  employer  in  whose  service  he  was  injured,  the  employee 
shall  not  be  barred  from  asserting  a  claim  for  compensation  under  this 
Act:  Provided,  notice  of  such  claim  is  filed  with  the  Industrial  Board 
within  eighteen  months  after  he  returns  to  such  employment,  and  the 
said  board  shall  immediately  send  to  the  employer,  by  registered  mail,  a 
copy  of  such  notice. 

(e)  For  injuries  in  the  following  schedule,  the  employee  shall 
receive  in  addition  ta  compensation  during  the  period  of  temporary 
total  incapacity  for  work  resulting  from  such  injury,  in  accordance  with 
the  provisions  of  paragraphs  (a)  and  (b)  of  this  section,  compensation, 
for  a  further  period,  subject  to  the  limitations  as  to  time  and  amounts 
fixed  in  paragraphs  (b)  and  (h)  of  this  section,  for  the  specific  loss 
herein  mentioned,  as  follows,  but  shall  not  receive  any  compensation 
under  any  other  provision  of  this  Act: 

For  the  loss  of  a  thumb,  or  the  permanent  and  complete  loss  of  its 
use,  fifty  per  centum  of  the  average  weekly  wage  during  sixty  weeks; 

For  the  loss  of  a  first  finger,  commonly  called  the  index  finger,  or 
the  permanent  and  complete  loss  of  its  use,  fifty  per  centum  of  the 
average  weekly  wage  during  thirty-five  weeks; 

For  the  loss  of  a  second  finger,  or  the  permanent  and  complete  loss 
of  its  use,  fifty  per  centum  of  the  average  weekly  wage  during  thirty 
weeks ; 

For  the  loss  of  a  third  finger,  or  the  permanent  and  complete  loss 
of  its  use,  fifty  per  centum  of  the  average  weekly  wage  during  twenty 
weeks ; 

For  the  loss  of  a  fourth  finger,  commonly  called  the  little  finger,  or 
the  permanent  and  complete  loss  of  its  use,  fifty  per  centum  of  the 
average  weekly  wage  during  fifteen  weeks ; 

The  loss  of  the  first  plalange  of  the  thumb,  or  of  any  finger,  shall 
be  considered  to  be  equal  to  the  loss  of  one-half  of  such  thumb,  or  finger, 
and  compensation  shall  be  one-half  the  amounts  above  specified; 

The  loss  of  more  than  one  phalange  shall  be  considered  as  the  loss 
of  the  entire  finger  or  thumb:  Provided,  hoivever,  that  in  no  case  shall 
the  amount  received  for  more  than  one  finger  exceed  the  amount  pro¬ 
vided  in  this  schedule  for  the  loss  of  a  hand; 

For  the  loss  of  a  great  toe,  fifty  per  centum  of  the  average  weekly 
wage  during  thirty  weeks; 

For  the  loss  of  one  or  more  of  the  toes  other  than  the  great  toe, 
fifty  per  centum  of  the  average  weekly  wage  during  ten  weeks; 

The  loss  of  the  first  phalange  of  any  toe  shall  be  considered  to  be 
equal  to  the  loss  of  one-half  of  such  toe,  and  compensation  shall  be  one- 
half  of  the  amount  above  specified; 

The  doss  of  more  than  one  phalange  shall  be  considered  as  the  loss 
of  the  entire  toe; 

For  the  loss  of  a  hand,  or  the  permanent  and  complete  loss  of  its 
use,  fifty  per  centum  of  the  average  weekly  wage  during  one  hundred 
and  fiftv  weeks; 


29 


For  the  loss  of  an  arm^  or  the  permanent  and  complete  loss  of  its 
use,  fifty  per  centum  of  the  average  weekly  wage  during  two  hundred 
weeks ; 

For  the  loss  of  a  foot,  or  the  permanent  and  complete  loss  of  its 
use,  fifty  per  centum  of  the  average  weekly  wage  during  one  hundred 
and  twenty-five  weeks; 

For  the  loss  of  a  leg,  or  the  permanent  and  complete  loss  of  its  use, 
fifty  per  centum  of  the  average  weekly  wage  during  one  hundred  and 
seventy-five  weeks; 

For  the  loss  of  the  sight  of  an  eye,  fifty  per  centum  of  the  average 
weekly  wage  during  one  hundred  weeks; 

The  loss  of  both  hands  or  both  arms,  or  both  feet,  or  both  legs,  or 
both  e3^es,  or  of  any  two  thereof,  shall  constitute  total  and  permanent 
disability,  to  be  compensated  according  to  the  compensation  fixed  by 
paragraph  (f)  of  this  section:  Provided,  that  these  specific  cases  of 
total  and  permanent  disability  shall  not  be  construed  as  excluding  other 
cases. 

(f)  In  the  case  of  complete  disability  which  renders  the  employee 
wholly  and  permanently  incapable  of  work,  compensation  equal  to  50 
per  cent  of  his  earnings,  but  not  less  than  $5,  nor  more  than  $12 
per  week,  commencing  on  the  day  after  the  injury  and  continuing  until 
the  amount  paid  equals  the  amount  which  would  have  been  payable  as 
a  death  benefit  under  paragraph  (a),  section  7,  if  the  employee  had 
died  as  a  result  of  the  injury  at  the  time  thereof,  leaving  heirs  surviving, 
as  provided  in  said  paragraph  (a),  section  7,  and  thereafter  a  pension 
during  life  annually  equal  to  8  per  cent  of  the  amount  which  would 
have  been  payable  as  a  death  benefit  under  paragraph  (a),  section  7,  if 
the  emplovee  had  died  as  a  result  of  the  injury  at  the  time  thereof, 
leaving  heirs  surviving,  as  provided  in  said  paragraph  (a),  section  7. 
Such  pension  shall  not  be  less  than  $10  per  month  and  shall  be  pay¬ 
able  monthlv. 

(g)  In  case  death  occurs  as  a  result  of  the  injury  before  the  total 
of  the  payments  made  equals  the  amount  payable  as  a  death  benefit, 
then  in  case  the  employee  leaves  any  widow,  child  or  children,  parents, 
grandparents  or  other  lineal  heirs,  entitled  to  compensation  under  sec¬ 
tion  7,  the  difference  between  the  compensation  for  death  and  the  sum 
of  the  payments  made  to  the  employee  shall  be  paid  at  the  option  of 
the  employer  either  to  the  personal  representative  or  the  beneficiaries 
of  the  deceased  employee  and  distributed,  as  provided  in  paragraph  (f) 
of  section  7,  but  in  no  case  shall  the  amount  payable  under  this  para¬ 
graph  be  less  than  $500. 

(h)  In  no  event  shall  the  compensation  to  be  paid  exceed  fifty  per 
centum  of  the  average  weekly  wage  or  exceed  twelve  dollars  per  week 
in  amount;  nor,  except  in  cases  of  complete  disability  as  defined  above, 
shall  any  payments  extend  over  a  period  of  more  than  eight  years  from 
the  date  of  the  accident.  In  case  an  injured  employee  shall  be  incom¬ 
petent  at  the  time  when  any  right  or  privilege  accrues  to  him  under  the 
provisions  of  this  Act,  a  conservator  or  guardian  may  be  appointed  pur¬ 
suant  to  law,  and  may,  on  behalf  of  such  incompetent,  claim  and 
exercise  any  such  right  or  privilege  with  the  same  force  and  effect  as‘  if 
the  employee  himself  had  been  competent  and  had  claimed  or  exercised 


30 


said  right' or  privilege;  and  no  limitations  of  time  by  this  Act  provided 
shall  run  so  long  as  said  incompetent  employee  is  without  a  conservator 
or  guardian. 

(i)  All  compensation  provided  for  in  paragraphs  (b),  (c),  (d), 

■  (e)  and  (f)  of  this  section,  other  than  cases  of  pension  for  life,  shall 
be  paid  in  installments  at  the  same  intervals  at  which  the  wages  or 
earnings  of  the  employee  were  paid  at  the  time  of  the  injury,  or  if  this 
shall  not  be  feasible,  then  the  installments  shall  be  paid  weekly. 

§  9.  Any  employer  or  employee  or  beneficiary,  who  shall  desire  to 
have  such  compensation,  or  any  unpaid  part  thereof,  paid  in  a  lump 
sum,  may  petition  the  Industrial  Board,  asking  that  such  compensation 
be  so  paid,  and  if  upon  proper  notice  to  the  interested  parties  and  a 
proper  showing  made  before  such  board,  it  appears  to  the  best  interest 
of  the  parties  that  such  compensation  be  so  paid,  the  board  shall  order 
the  commutation  of  the  compensation  to  an  equivalent  lump  sum,  which 
commutation  shall  be  an  amount  which  will  equal  the  total  sum  of  the 
probable  future  payments  capitalized  at  their  present  value  upon  the 
basis  of  interest  calculated  at  three  per  centum  per  annum  with  annual 
rests:  Provided,  that  in  cases  indicating  complete  disability  no  petition 
for  a  commutation  to  a  lump  sum  basis  shall  be  entertained  by  the 
Industrial  Board  until  after  the  expiration  of  six  months  from  the  date 
of  the  injury,  and  where  necessary,  upon  proper  application  being  made, 
a  guardian,  conservator  or  administrator,  as  the  case  may  be,  may  be 
appointed  for  any  person  under  disability  who  may  be  entitled  to  any 
such  compensation,  and  an  employer  bound  by  the  terms  of  this  Act, 
and  liable  to  pay  such  compensation,  may  petition  for  the  appointment 
of  the  public  administrator,  or  a  conservator,  or  guardian  where  no 
legal  representative  has  been  appointed  or  is  acting  for  such  party  or 
parties  so  under  disability :  Provided,  further,  that  if  the  amount 
awarded  as  a  lump  sum  settlement  is  not  satisfactory  to  either  party, 
such  party  may  reject  the  same  within  ten  days  after  notice  of  the 
award  by  filing  his  written  rejection  thereof  with  the  said  board  in 
which  event  compensation  shall  be  payable  in  installments  as  herein 
provided. 

§  10.  The  basis  for  computing  the  compensation  provided  for  in 
sections  7  and  8  of  the  Act  shall  be  as  follows : 

(a)  The  compensation  shall  be  computed  on  the  basis  of  the 
annual  earnings  which  the  injured  person  received  as  salary,  wages  or 
earnings  if  in  the  employment  of  . the  same  employer  continuously  dur¬ 
ing  the  year  next  preceding  the  injury. 

(b)  Employment  by  the  same  employer  shall  be  taken  to  mean 
employment  by  the  same  employer  in  the  grade  in  which  the  employee 
was  employed  at  the  time  of  the  accident,  uninterrupted  by  absence  from 
work  due  to  illness  or  any  other  unavoidable  cause. 

(c)  If  the  injured  person  has  not  been  engaged  in  the  employment 
of  the  same  employer  for  the  full  year  immediately  preceding  the  acci¬ 
dent,  the  compensation  shall  be  computed  according  to  the  annual  earn¬ 
ings  which  persons  of  the*  same  class  in  the  same  employment  and  same 
location,  (or  if  that  be  impracticable,  of  neighboring  employments  of 
the  same  kind)  have  earned  during  such  period. 


31  ’ 

(d)  As  to  employees  in  employments  in  which  it  is  the  custom  to 
operate  throughout  the  working  days  of  the  year,  the  annual  earnings, 
if  not  otherwise  determinable,  shall  be  regarded  as  300  times  the  average 
daily  earnings  in  such  computation. 

(e)  As  to  employees  in  employments  in  which  it  is  the  custom  to 
operate  for  a  part  of  the  whole  number  of  working  days  in  each  year, 
such  number,  if  the  annual  earnings  are  not  otherwise  determinable, 
shall  be  used  instead  of  300  as  a  basis  for  computing  the  annual  earn¬ 
ings:  Provided,  the  minimum  number  of  days  which  shall  be  so  used 
for  the  basis  of  the  year’s  work  shall  be  not  less  than  200. 

(f)  In  the  case  of  injured  employees  who  earn  either  no  wages  or 
less  than  the  earnings  of  adult  day  laborers  in  the  same  line  of  employ¬ 
ment  in  that  locality,  the  yearly  wage  shall  be  reckoned  according  to 
the  average  annual  earning  of  adults  of  the.  same  class  in  the  same  (or 
if  that  is  impracticable  then  of  neighboring)  emplo3^ments. 

(g)  Earnings,  for  the  purpose  of  this  section,  shall  be  based  on  the 
earnings  for  the  number  of  hours  commonly  regarded  as  a  day’s  work 
for  that  employment,  and  shall  exclude  overtime  earnings.  The  earn¬ 
ings  shall  not  include  any  sum  which  the  employer  has  been  accustomed 
to  pay  the  employee  to  cover  any  special  expense  entailed  on  him  by  the 
nature  of  his  employment. 

(h)  In  computing  the  compensation  to  be  paid  to  any  employee, 
who,  before  the  accident  for  which  he  claims  compensation,  was  disabled 
and  drawing  compensation  under  the  terms  of  this  Act,  the  compensa¬ 
tion  for  each  subsequent  injury  shall  be  apportioned  according  to  the 
proportion  of  incapacity  and  disability  caused  by  the  respective  injuries 
which  he  may  have  suffered. 

(i)  To  determine  the  amount  of  compensation  for  each  install¬ 
ment  period,  the  amount  per  annum  shall  be  ascertained  pursuant 
hereto,  and  such  amount  divided  by  the  nurdber  of  installment  periods 
per  annum. 

§  11.  The  compensation  herein  provided,  together  with  the  pro¬ 
visions  of  this  Act,  shall  be  the  measure  of  the  responsibility  which  the 
employer  has  assumed  for  injuries  or  death  that  may  occur  to  employees 
in  his  emplo^^ment  subject  to  the  provisions  of  this  Act. 

§•12.  An  employee  entitled  to  receive  disability  payments  shall  be 
required,  if  requested  by  the  employer,  to  submit  himself  at  the  expense 
of  the  employer  for  examination  to  a  duly  qualified  medical  practitioner 
or  surgeon  selected  by  the  employer,  at  a  time  and  place  reasonably  con¬ 
venient  for  the  employee,  as  soon  as  practicable  after  the  injury,  and 
also  one  week  after  the  first  examination,  and  thereafter  at  intervals  not 
oftener  than  once  every  four  weeks,  which  examination  shall  be  for  the 
purpose  of  determining  the  nature,  extent  and  probable  duration  of  the 
injury  received  by  the  employee,  and  for  the  purpose  of  ascertaining  the 
amount  of  compensation  which  may  be  due  the  employee  from  time  to 
time  for  disability  according  to  the  provisions  of  this  Act :  Provided, 
however,  that  such  examination  shall  be  made  in  the  presence  of  a  duly 
qualified  medical  practitioner  or  surgeon  provided  and  paid  for  by  the 
employee  if  such  employee  so  desires.  If  the  employee  refuses  so  to 
submit  himself  to  examination  or  unnecessarily  obstructs  the  same,  his 
right  to  compensation  payments  shall  be  temporarily  suspended  until 


32 


such  examination  shall  have  taken  place,  and  no  compensation  shall  be 
payable  under  this  Act  for  such  period. 

§  13.  There  is  hereby  created  a  board  whicli  shall  be  known  as  the 
Industrial  Board,  to  consist  of  three  members  to  be  appointed  by  the 
Governor,  by  and  with  the  consent  of  the  Senate,  one  of  whom  shall  be 
a  representative  citizen  of  the  employing  class  operating  under  this  Act, 
and  one  of  whom  shall  be  a  representative  citizen  chosen  from  among  the 
employees  operating  under  this  Act,  and  one  of  whom  shall  be  a  repre¬ 
sentative  citizen  not  identified  with  either  the  employing  or  employee 
classes,  and  who  shall  be  designated  by  the  Governor  as  chairman. 
Appointment  of  members  to  places  no  the  first  board,  or  to  fill  vacancies 
on  said  board  may  be  made  during  recesses  of  the  Senate,  but  shall  be 
suljject  to  confirmation  by  the  Senate  at  the  next  ensuing  session  o.f  the 
Legislature.  The  term  of  office  of  members  of  this  board  shall  be  six 
years,  except  that  when  first  constituted  one  member  shall  be  appointed 
for  two  years,  one  for  four  years,  and  one  for  six  years.  Thereafter  one 
member  shall  be  appointed  every  second  year  for  the  full  term  of  six 
years.  Xot  more  than  two  members  of  the  board  shall  belong  to  the 
same  political  party. 

§  14.  The  salary  of  each  of  the  members  of  the  board  so  appointed 
by  the  Governor  shall  be  four  thousand  dollars  per  year.  The  board 
shall  appoint  a  secretary  and  shall  employ  such  assistants  and  clerical 
help  as  may  be  necessary.  The  board  shall  provide  itself  with  a  seal  for 
the  authentication  of  its  orders,  awards,  and  proceedings,  upon  which 
shall  be  inscribed  the  words,  ‘Tndustrial  Board — Illinois — Seal.^’ 

§  15.  The  Industrial  Board  shall  have  jurisdiction  over  the  opera¬ 
tion  and  administration  of  this  Act,  and  said  board  shall  perform  all 
the  duties  imposed  upon  it  by  this  Act,  and  such  further  duties  as  may 
hereafter  be  imposed  by  law  and  the  rules  of  the  board  not  inconsistent 
therewith. 

S  16.  The  board  mav  make  rules  and  orders  for  carrving  out  the 
duties  imposed  upon  it  by  law,  which  rules  and  orders  shall  be  deemed 
prima  facie  reasonable  and  valid;  and  the  process  and  procedure  before 
the  board  shall  be  as  simple  and  summary  as  reasonably  may  be.  The 
board  or  any  member  thereof  shall  have  the  power  to  administer  oaths, 
subpoena  and  examine  witnesses,  and  to  examine  and  inspect  such  books,, 
papers  and  records,  places  or  premises  as  may  relate  to  questions  in 
dispute. 

§  17.  The  board  shall  cause  to  be  printed  and  furnish  free  of 
charge  upon  request  by  any  employer  or  employee  such  blank  forms  as  it 
shall  deem  requisite  to  facilitate  or  promote  the  efficient  administration 
of  this  Act,  and  the  performance  of  the  duties  of  the  board;  it  shall  jDro- 
vide  a  proper  record  in  which  shall  be  entered  and  indexed  the  name  of 
any  employer  who  shall  file  a  notice  of  declination  or  withdrawal  under 
this  Act,  and  the  date  of  the  filing  thereof ;  and  a  proper  record  in  which 
shall  be  entered  and  indexed  the  name  of  any  employee  who  shall  file 
such  a  notice  of  declination  or  withdrawal,  and  the  date  of  the  filing 
thereof;  and  such  other  notices  as  may  be  required  by  the  terms  and 
intendment  of  this  Act;  and  records  in  which  shall  be  recorded  all 
proceedings,  orders  and  awards  had  or  made  by  the  board,  or  by  the 


arbitration  committees,  and  such  other  books  or  records  as  it  shall  deem 
necessary,  all  such  records  to  be  kept  in  the  office  of  the  board. 

§  18.  All  questions  arising  under  this  Act,  if  not  settled  by  agree¬ 
ment  of  the  parties  interested  therein,  shall,  except  as  otherwise  pro¬ 
vided,  be  determined  by  the  Industrial  Board. 

§  19.  Any  disputed  questions  of  law  or  fact  upon  which  the 
employer  and  employee  or  personal  representative  cannot  agree,  shall  be 
determined  as  herein  provided. 

(a)  It  shall  be  the  duty  of  the  Industrial  Board,  upon  notification 
that  the  parties  have  failed  to  reach  an  agreement,  to  notify  both  parties 
to  appoint  their  respective  representatives  on  a  committee  of  arbitration. 
The  board  shall  designate  one  of  its  members  or  an  agent  appointed  by  it 
and  at  its  expense  to  act  as  chairman,  and  if  either  party  fails  to  appoint 
its  member  on  the  committee  within  seven  days  after  notification  as 
above  provided,  the  board  shall  appoint  a  person  to  fill  the  vacancy  and 
notify  the  parties  to  that  effect,  and  the  reasonable  expenses  of  the  person 
so  appointed  to  fill  the  vacancy  shall,  after  approval  by  the  board,  be 
taxed  as  costs  against  the  party  who  failed  to  appoint  its  member  on 
such  committee. 

(b)  The  committee  of  arbitration  shall  make  such  inquiries  and 
investigations  as  it  shall  deem  necessary,  and  may  examine  and  inspect 
all  books,  papers,  records,  places  or  premises  relating  to  the  questions  in 
dispute.  The  hearings  of  the  committee  shall  be  held  in  the  vicinity 
where  the  injury  occurred,  after  ten  days’  notice  of  the  time  and  place 
of  such  hearing  shall  have  been  given  to  each  of  the  parties,  and  the 
decision  of  the  committee  shall  be  filed  with  the  Industrial  Board,  which 
board  shall  immediately  send  to  each  party  a  copy  of  such  decision, 
together  with  a  notification  of  the  time  when  it  was  filed,  and  unless  a 
petition  for  a  review  is  filed  with  the  hoard  by  either  party  within 
fifteen  days  after  the  receipt  by  said  party  of  the  copy  of  such  decision 
and  notification  of  time  when  filed,  and  unless  such  party  petitioning 
for  review  shall,  within  twenty  days  of  the  filing  of  such  decision,  file 
with  the  board,  either  an  agreed  statement  of  the  facts  appearing  upon 
the  hearing  before  the  committee  of  arbitration,  or,  if  such  party  shall 
so  elect,  a  correct  stenographic  report  of  the  proceedings  at  such  hearing, 
then  the  decision  shall  be  entered  of  record  as  the  decision  of  the  Indus¬ 
trial  Board :  Pmvided,  that  such  Industrial  Board  may,  for  sufficient 
cause  shown,  grant  further  time  in  which  to  petition  for  such  review  or 
to  file  such  agreed  statement  or  stenographic  report.  An  agreed  state¬ 
ment  of  facts  or  correct  stenographic  report,  as  the  case  may  be,  shall 
be  authenticated  by  the  signatures  of  the  parties  or  their  attorneys  and 
in  the  event  they  do  not  agree  as  to  the  correctness  of  the  stenographic 
report  it  shall  be  authenticated  by  the  signature  of  the  chairman  of  the 
committee  of  arbitration. 

(c)  The  Industrial  Board  may  appoint,  at  its  expense,  a  duly 
qualified,  impartial  physician,  to  examine  the  injured  employee  and 
report  to  the  board.  The  fee  for  this  service  shall  not  exceed  five  dollars 
and  traveling  expenses,  but  the  hoard  may  allow  additional  reasonable 
amounts  in  extraordinary  cases.  The  fees  and  the  payment  thereof  of 
all  attorneys  and  physicians *f or  services  authorized  by  the  hoard  under 
this  Act,  shall,  upon  request  of  either  the  employer  or  the  emploA’^ee  or 

— 3  L  L 


34 


the  beneficiary  affected,  be  subject  to  the  review  and  decision  of  the 
Industrial  Board. 

(d)  If  any  employee  shall  persist  in  insanitary  or  injurious  prac¬ 
tices  which  tend  to  either  imperil  or  retard  his  recovery  or  shall  refuse 
to  submit  to  such  medical  or  surgical  treatment  as  is  reasonably  essential 
to  promote  his  recovery,  the  board  may,  in  its  discretion,  reduce  or 
suspend  the  compensation  of  any  such  injured  employee. 

(e)  If  a  petition  for  review,  and  agreed  statement  of  facts  or 
stenographic  report  is  filed,  as  provided  herein,  the  Industrial  Board 
shall  promptly  review  the  decision  of  the  committee  of  arbitration  and 
the  facts  as  they  appear  from  the  said  statement  of  facts  or  stenographic 
report,  and  shall  also,  if  desired,  hear  the  parties,  together  with  such 
additional  evidence  as  they  may  wish  to  submit.  After  such  hearing 
upon  review,  the  board  shall  announce  and  file  in  its  office  its  decision 
thereon  and  shall  immediately  send  to  each  party  a  copy  of  such  deci¬ 
sion,  together  with  a  notification  of  the  time  when  it  was  filed.  Such 
review  and  hearing  may  be  held  in  its  office,  or  elsewhere,  as  the  board 
shall  deem  advisable.  Any  party  ma}^,  within  twenty  days  of  the  receipt 
by  it  of  notice  of  the  board^s  decision  or  within  such  further  time  as 
the  board  may  grant,  file  with  the  board  either  an  agreed  statement  of 
the  facts  appearing  upon  the  hearing,  or,  if  such  party  shall  so  elect,  a 
correct  stenographic  report  of  the  proceedings  at  the  hearing,  such  state¬ 
ment  of  facts  or  stenographic  report  to  be  authenticated  by  the  signatures 
of  the  parties  or  their  attorneys,  and  in  the  event  they  do  not  agree  then 
the  authentication  shall  be  by  the  signature  of  the  chairman  of  the  board. 
The  statement  of  facts  or  stenographic  report  of  the  proceedings  on  the 
hearings  before  either  the  committee  of  arbitration  or  the  Industrial 
Board  shall,  upon  filing  as  hereinbefore  provided,  become  part  of  the 
record  of  the  proceedings  of  said  board. 

(f)  The  decision  of  the  Industrial  Board,  acting  within  its  powers, 
according  to  the  provisions  of  paragraph  (e)  of  this  section,  and  of  the 
committee  of  arbitration,  where  no  review  is  had  and  its  decision  becomes 
the  decision  of  the  Industrial  Board  in  accordance  with  the  provisions 
of  this  section,  shall,  in  the  absence  of  fraud,  be  conclusive,  but  the 
Supreme  Court  shall  have  power  to  review  questions  of  law  involved  in 
any  such  decision :  Provided,  that  application  is  made  by  the  aggrieved 
party  within  thirty  days  after  notice  given  to  him  of  such  decision  or 
within  thirty  days  after  the  expiration  of  the  time  allowed  for  filing  the 
agreed  statement  of  facts  or  stenographic  report  with  said  board,  by 
certiorari,  mandamus  or  by  any  other  method  permissible  under  the 
rules  and  practices  of  said  court  or  the  laws  of  this  State. 

The  decision  of  any  two  members  of  a  committee  of  arbitration,  or 
of  the  Industrial  Board,  shall  be  considered  the  decision  of  such  com¬ 
mittee  or  board,  respectively. 

(g)  Either  party  may  present  a  certified  copy  of  the  decision  of 
the  Industrial  Board,  when  no  proceedings  for  review  thereof  have  been 
taken,  or  of  the  decision  of  such  committee  of  arbitration  when  no  claim 
for  review  is  made,  or  of  the  decision  of  the  Industrial  Board  after 
hearing  upon  review,  providing  for  the  payment  of  compensation  accord¬ 
ing  to  this  Act,  to  the  circuit  court  of  the  county  in  which  such  accident 
occurred,  whereupon  such  court  shall  render  a  judgment  in  accordance 


35 


tlit'revvitli ;  and  in  cases  where  the  eni2)loyer  does  not  institute  proceed¬ 
ings  for  review  of  the  decision  of  the  Industrial  Board  and  refuses  to 
pay  compensation  according  to  the  award  upon  which  such  judgment  is 
entered,  the  court  shall,  in  entering  judgment  thereon,  tax  as  costs 
against  him  the  reasonable  costs  and  attorney  fees  in  the  arbitration 
proceedings  and  in  the  court  entering  the  judgment,  for  the  person  in 
whose  favor  the  judgment  is  entered;  which  judgment,  and  costs,  taxed 
as  herein  provided,  shall,  until  and  unless  set  aside,  have  the  same  effect 
as  though  duly  rendered  in  an  action  duly  tried  and  determined  by  said 
court,  and  shall,  with  like  effect,  be  entered  and  docketed.  The  circuit 
court  shall  have  power  at  any  time,  upon  application,  to  make  any  such 
judgment  conform  to  any  modification  required  by  any  subsequent  deci¬ 
sion  o.f  the  Supreme  Court  upon  appeal,  or  as  the  result  of  any  subse¬ 
quent  proceedings  for  review  as  provided  in  this  Act. 

Judgment  shall  not  be  entered  until  fifteen  days^  notice  of  the  time 
and  place  of  the  application  for  the  entry  of  judgment  shall  be  served 
upon  the  employer  by  filing  such  notice  with  the  Industrial  Board; 
which  board  shall,  in  case  it  has  on  file  the  address  of  the  employer  or 
the  name  .and  address  of  its  agent  upon  whom  notices  may  be  served, 
immediately  send  a  copy  of  the  notice  to  the  employer  or  such  designated 
agent ;  afid  no  judgment  shall  be  entered  in  the  event  the  employer  shall 
file  with  the  said  board  its  bond  with  good  and  sufficient  surety  in  double 
the  amount  of  the  award,  conditioned  upon  the  payment  of  said  award 
in  the  event  the  said  employer  shall  fail  to  prosecute  with  effect  proceed¬ 
ings  for  review  of  the  decision  or  the  said  decision  upon  review  shall  be 
affirmed. 

(h)  An  agreement  or  award  under  this  Act,  providing  for  com¬ 
pensation  in  installments,  may  at  any  time  within  eighteen  months  after 
such  agreement  or  award,  be  reviewed  by  the  Industrial  Board  at  the 
request  of  either  the  employer  or  the  employee  on  the  ground  that  the 
disability  of  the  employee  has  subsequently  recurred,  increased,  dimin¬ 
ished  or  ended ;  and  on  such  review  compensation  payments  may  be 
re-established,  increased,  diminished,  or  ended :  Provided,  that  the  board 
shall  give  fifteen  days’  notice  to  the  parties  of  the  hearing  for  review ; 
And,  provided,  further,  any  employee,  upon  any  petition  for  such  a 
review  being  filed  by  the  employer,  shall  be  entitled  to  one  day’s  notice 
for  each  one  hundred  miles  necessary  to  be  traveled  by  him  in  attending 
•the  hearings  of  the  board  upon  said  petition,  and  three  days  in  addition 
thereto,  and  su-ch  employee  shall,  at  the  discretion  of  the  board,  also  be 
entitled  to  five  cents  per  mile  necessarily  traveled  by  him  in  attending 
such  hearing,  not  to  exceed  a  distance  of  300  miles,  to  be  taxed  by  the 
board  as  costs  and  deposited  with  the  petition  of  the  employer. 

(i)  Each  party,  upon  taking  any  proceedings  or  steps  whatsoever, 
before  any  committee  of  arbitration,  industrial  board  or  court,  shall  file 
with  the  Industrial  Board  his  address  or  the  name  and  address  of  an 
agent  upon  whom  all  notices  to  be  given  to  such  party  shall  be  served 
either  personally  or  by  registered  mail  addressed  to  such  party  or  agent 
at  the  last  address  so  filed  with  the  Industrial  Board :  Provided,  that 
in  the  event  such  party  has  not  filed  his  address  or  the  name  and 
address  of  an  agent  as  above  provided,  service  of  any  notice  may  be  had 
by  filing  such  notice  with  the  Industrial  Board. 


36 


§  20.  The  Industrial  Board  shall  report  in  writing  to  the  Governor 
on  the  30th  day  of  June,  annually,  the  details  and  results  of  its 
administration  of  this  Act,  in  accordance  with  the  tenns  of  this  Act, 
and  may  prepare  and  issue  such  special  bulletins  and  reports  from  time 
to  time  as  in  the  opinion  of  the  board,  seems  advisable. 

§  21.  No  payment,  claim,  award  or  decision  under  this  Act  shall 
be  assignable  or  subject  to  any  lien,  attachment  or  garnishment,  or  be 
held  liable  in  any  way  for  any  lien,  debt,  penalty  or  damages.  In  case 
of  insolvency  of  the  employer,  every  decision  of  the  Industrial  Board  for 
compensation  under  this  Act  shall,  upon  the  filing  of  a  certified  copy 
of  the  decision  with  the  recorder  of  deeds  of  a  county,  constitute  a  lien 
upon  all  property  of  the  employer  within  said  county,  paramount  to 
all  other  claims,  or  liens  except  for  wages  and  taxes,  and  mortgages  or 
trust  deeds,  and  such  liens  shall  be  enforced  by  order  of  the  court.  Any 
right  to  receive  compensation  hereunder  shall  be  extinguished  by  the 
death  of  the  person  or  persons  entitled  thereto,  subject  to  the  provisions 
of  this  Act  relative  to  compensation  for  death  received  in  the  course 
of  employment. 

§  22.  Any  contract  or  agreement  made  by  any  employer  or  his 
agent  or  attorney  with  any  employee  or  any  other  beneficiary  of  any 
claim  under  the  provisions  of  this  Act  within  seven  days  after  the  injury 
shall  be  presumed  to  be  fraudulent. 

§  23.  No  employee,  personal  representative,  or  beneficiary  shall  • 
have  power  to  waive  any  of  the  provisions  of  this  Act  in  regard  to  the 
amount  of  compensation  which  may  be  payable  to  such  employee,  per¬ 
sonal  representative  or  beneficiary  hereunder  except  after  approval  by 
the  Industrial  Board. 

§  24.  No  proceedings  for  compensation  under  this  Act  shall  be 
maintained  unless  notice  of  the  accident  has  been  given  the  employer 
as  soon  as  practicable,  but  not  later  than  30  days  after  the  accident.  In 
cases  of  mental  incapacity  of  the  employee,  notice  must  be  given  within 
six  months  after  such  accident.  No  defect  or  inaccuracy  of  such  notice 
shall  be  a  bar  to  the  maintenance  of  proceedings  by  arbitration  or  other¬ 
wise  by  the  employee,  unless  the  employer  proves  that  he  is  unduly  pre¬ 
judiced  in  such  proceedings  by  such  defect  or  inaccuracy.  Notice  of  the 
accident  shall  in  substance  apprise  the  employer  of  the  claim  of  com¬ 
pensation  made  and  sliall  state  the  name  and  address  of  the  employee 
injured,  the  approximate  date  and  place  of  the  accident,  if  known,  and 
in  simple  language  the  cause  thereof ;  which  notice  may  be  served  per¬ 
sonally  or  by  registered  mail,  addressed  to  the  employer  at  his  last 
known  residence  or  place  of  business :  Provided,  that  the  failure  on  the 
])art  of  any  person  entitled  to  such  compensation  to  give  such  notice 
shall  not  relieve  the  employer  from  his  liability  for  such  compensation, 
when  the  facts  and  circumstances  of  such  accident  are  known  to  such 
employer,  his  agent  or  vice  principal  in  the  enterprise.  No  proceedings 
for  compensation  under  this  Act  shall  be  maintained  unless  claim  for 
compensation  has  been  made  within  six  months  after  the  accident,  or  in 
the  event  that  payments  have  been  made  under  the  provisions  of  this 
Act,  unless  written  claim  for  compensation  has  been  made  within  six 
months  after  such  payments  have  ceased, 


37 


§  35.  Any  employer  against  whom  liability  may  exist  for  compen¬ 
sation  under  this  Act,  may,  with  the  approval  of  the  Industrial  Board, 
be  relieved  therefrom  by : 

(a)  Depositing  the  commuted  value  of  the  total  unpaid  compen¬ 
sation  for  which  such  liability  exists,  computed  at  three  per  centum  per 

^  annum  in  the  same  manner  as  provided  in  section  9,  with  the  State 
Treasurer,  or  county  treasurer  in  the  county  where  the  accident  hap¬ 
pened,  or  with  any  State  or  National  bank,  or  trust  company  doing 
business  in  this  State,  or  in  some  other  suitable  depository  approved 
by  the  Industrial  Board :  Provided,  that  any  such  depository  to  which 
such  compensation  may  be  paid  shall  pay  the  same  out  in  installments 
as  in  this  Act  provided,  unless  such  sum  is  ordered  paid  in,  and  is 
commuted  to,  a  lump  sum  payment  in  accordance  with  the  provisions  of 
this  Act. 

(b)  By  the  purchase  of  an  annuity,  in  an  amount  of  compensation 
due  or  computed,  under  this  Act  within  the  limitation  provided  by  law, 
in  any  insurance  company  granting  annuities  and  licensed  or  permitted 
to  do  business  in  this  State,  which  may  be  designated  by  the  employer, 
or  the  Industrial  Board. 

§  26.  (a)  An  employer  who  elects  to  provide  and  pay  the  com¬ 

pensation  provided  for  in  this  Act  shall  within  ten  (10)  days  of  receipt 
by  the  employer  of  a  written  demand  by  the  Industrial  Board  (1)  file 
with  the  board  a  sworn  statement  showing  his  financial  ability  to  pay 
the  compensation  provided  for  in  this  Act,  normally  required  to  be 
paid,  or  (2)  furnish  security,  indemnity  or  a  bond  guaranteeing  the 
payment  by  the  employer  of  the  compensation  provided  for  in  this  Act, 
normally  required  to  be  paid,  or  (3)  insure  to  a  reasonable  amount  his 
normal  liability  to  pay  such  compensation  in  some  corporation,  associa¬ 
tion  or  organization  authorized,  licensed  or  permitted  to  do  such 
insurance  business  in  this  State,  or  (4)  make  some  other  provisions 
for  the  securing  of  the  payment  of  compensation  provided  for  in  this 
Act,  normally  required  to  be  paid,  and  shall  within  twenty  (20)  days  of 
the  receipt  of  such  written  demand  furnish  to  the  board  evidence  of  his 
compliance  with  one  of  the  above  alternatives:  Provided,  that  the 
sworn  statement  of  financial  ability,  or  security,  indemnity  or  bond,  or 
amount  of  insurance  or  other  provision,  filed,  furnished,  carried  or  made 
by  the  employer,  as  the  case  may  be,  shall  be  subject  to  the  approval  of 
the  board,  upon  the  approval  of  which  the  board  shall  send  to  the  em¬ 
ployer  written  notice  of  its  approval  thereof :  And,  provided,  further, 
that  demand  shall  not  be  made  upon  the  employer  by  the  board  oftener 
than  once  in  any  calendar  year. 

(b)  If  no  sworn  statement  or  no  security,  indemnity  or  bond,  or 
no  insurance,  is  filed,  furnished  or  carried,  or  other  provisions  made  by 
the  employer  within  ten  (10)  days  of  receipt  by  the  employer  of  the 
written  demand  provided  for  in  paragraph  (a),  or  if  the  statement, 
security,  indemnity,  bond  or  amount  of  insurance  filed,  furnished  or 
carried,  or  other  provision  made  by  the  employer,  as  provided  in  para¬ 
graph  (a),  shall  not  be  approved  by  the  board,  and  written  notice  of  such 
non-approval  shall  be  given  to  the  employer  and  the  emplo^^er  shall  not 
comply  with  one  of  the  alternatives  of  paragraph  (a)  of  this  section 
within  ten  (10)  days  after  the  receipt  by  the  employer  of  such  written 


38 


notice  of  non-approval,  then  the  employer  shall  be  liable  for  compensation 
to  any  injured  employee  or  his  personal  representative,  according  to  the 
terms  of  this  Act,  or  for  damages  in  the  same  manner  as  if  the  em- 
plo^'er  had  elected  not  to  accept  this  Act,  at  the  option  of  such  employee 
or  his  personal  representative :  Provided,  such  option  is  exercised  and 
written  notice  thereof  is  given  to  the  employer  within  thirty  (30)  days 
after  the  accident  to  such  employee,  otherwise  the  employer  shall  be 
liable  only  for  the  compensation  payable  according  to  the  provisions  of 
this  Act:  And,  provided,  further,  that  if  at  any  time  thereafter  the 
employer  shall  comply  wdth  any  of  the  alternatives  of  paragraph  (a), 
then  as  to  all  accidents  occurring  after  the  said  compliance,  the  em¬ 
ployer  shall  only  be  liable  for  compensation  according  to  the  terms  of 
this  Act.  • 

(c)  ^^Normal  liability”  and  “normally  required  to  be  paid,”  when¬ 
ever  used  herein,  shall  be  measured  by  the  experience,  if  any,  of  the 
said  employer  during  the  two  years  preceding  the  demand  by  the  board, 
and  if  there  is  no  such  individual  basis  of  experience,  then  by  the  gen¬ 
eral  experience  in  the  same  industry,  business,  occupation  or  enterprise 
in  the  same  neighborhood  during  the  same  period. 

§  27.  (a)  This  Act  shall  not  affect  or  disturb  the  continuance 

of  any  existing  insurance,  mutual  aid,  benefit,  or  relief  association  or 
department,  w'hether  maintained  in  whole  or  in  part  by  the  employer  or 
'whether  maintained  by  the  employees,  the  payment  of  benefits  of  such 
association  or  department  being  guaranteed  by  the  employer  or  by  some 
person,  firm  or  corporation  for  him :  Provided,  the  employer  con¬ 
tributes  to  such  association  or  department  an  amount  not  less  than  the 
full  compensation  herein  provided,  exclusive  of  the  cost  of  the  main¬ 
tenance  of  such  association  or  departffient  and  without  any  expense  to 
the  employee.  This  Act  shall  not  prevent  the  organization  and  main¬ 
taining  under  the  insurance  laws  of  this  State  of  any  benefit  or  insurance 
company  for  the  purpose  of  insuring  against  the  compensation  provided 
for  in  this  Act,  the  expense  of  which  is  maintained  by  the  employer. 
This  Act  shall  not  prevent  the  organization  or  maintaining  under  the 
insurance  laws  of  this  State  of  any  voluntary  mutual  aid,  benefit  or 
relief  association  among  employees  for  the  payment  of  additional 
accident  or  sick  benefits. 

(b)  No  existing  insurance,  mutual  aid,  benefit  or  relief  association 
or  department  shall,  by  reason  of  anything  herein  contained  be  author¬ 
ized  to  discontinue  its  operation  without  first  discharging  its  obligations 
to  any  and  all  persons  carrying  insurance  in  the  same  or  entitled  to 
relief  or  benefits  therein. 

(c)  Any  contract,  oral,  written  or  implied,  of  employment  provid¬ 
ing  for  relief  benefit,  or  insurance  or  any  other  device  whereby  the  em¬ 
ployee  is  required  to  pay  any  premium  or  premiums  for  insurance 
against  the  compensation  provided  for  in  this  Act  shall  be  null  and  void, 
and  any  employer  withholding  from  the  wages  of  any  employee  any 
amount  for  the  purpose  of  paying  any  such  premium  shall  be  guilty  of  a 
misdemeanor  and  punishable  by  a  fine  of  not  less  than  ten  dollars  nor 
more  than  one  thousand  dollars,  or  imprisonment  in  the  county  jail 
for  not  more  than  six  months,  or  both,  in  the  discretion  of  the  court. 


39 


§  28.  Any  person^  who  shall  become  entitled  to  compensation  under 
the  provision  of  this  Act,  shall,  in  the  event  of  his  inability  to  recover 
such  compensation  from  the  employer  on  account  of  his  insolvency,  be 
subrogated  to  all  the  rights  of  such  employer  against  any  insurance  com¬ 
pany,  association  or  insurer  which  may  have  insured  such  employer 
against  loss  growing  out  of  the  compensation  required  by  the  provisions 
of  this  Act  to  be  paid  by  such  employer,  and,  in  such  event  only,  the 
said  insurance  company,'  association,  or  insurer  shall  become  primarily 
liable  to  pay  to  the  employee  or  his  personal  representative  the  com¬ 
pensation  required  by  the  provisions  of  this  Act  to  be  paid  by  such 
employer. 

§  29.  Where  an  injury  or  death  for  which  compensation  is  payable 
by  the  employer  under  this  Act  was  not  proximately  caused  by  the 
negligence  of  the  employer  or  his  employees,  and  was  caused  under 
circumstances  creating  a  legal  liability  for  damages  in  some  person 
other  than  the  employer  to  pay  damages,  such  other  person  having  also 
elected  to  be  bound  by  this  Act,  then  the  right  of  the  employee  or  per¬ 
sonal  representative  to  recover  against  such  other  person  shall  be  sub¬ 
rogated  to  his  employer  and  such  employer  may  bring  legal  proceedings 
against  such  other  person  to  recover  the  damages  sustained,  in  an  amount 
not  exceeding  the  aggregate  amount  of  compensation  payable  under  this 
Act,  by  reason  of  the  injury  or  death  of  such  employee.  Where  the 
injury  or  death  for  which  compensation  is  payable  under  this  Act  was 
not  proximately  caused  by  the  negligence  of  the  employer  or  ‘  his 
employees  and  was  caused  under  circumstances  creating  a  legal  liability 
for  damages  on  the  part  of  some  person  other  than  the  employer  to  pay 
damages,  such  other  person  having  elected  not  to  be  bound  by  this  Act, 
then  legal  proceedings  may  be  taken  against  such  other  person  to 
recover  damages  notwithstanding  such  employer’s  payment  of  or  liability 
to  pay  compensation  under  this  Act,  but  in  such  case  if  the  action 
against  such  other  person  is  brought  by  the  injured  employee  or  his 
personal  representative  and  judgment  is  obtained  and  paid,  or  settle¬ 
ment  is  made  with  such  other  person,  either  with  or  without  suit,  then 
from  the  amount  received  by  such  employee  or  personal  representative 
there  shall  be  paid  to  the  employer  the  amount  of  compensation  paid  or 
to  be  paid  by  him  to  such  employee  or  personal  representative :  Pro¬ 
vided,  that  if  the  injured  employee  or  his  personal  representative  shall 
agree  to  receive  compensation  from  the  employer  or  to  institute  pro¬ 
ceedings  to  recover  the  same  or  accept  from  the  employer  any  payment 
on  account  of  such  compensation,  such  employer  shall  be  subrogated  to 
all  the  rights  of  such  employee  or  personal  representative  and  may  main¬ 
tain,  or  in  case  an  action  has  already  been  instituted,  may  continue  an 
action  either  in  the  name  of  the  employee  or  personal  representative  or 
in  his  own  name  against  such  other  person  for  a  recovery  of  damages  to 
which  but  for  this  section  the  said  employee  or  personal  representative 
would  be  entitled,  but  such  employer  shall  nevertheless  pay  over  to  the 
injured  employee  or  personal  representative  all  sums  collected  from 
such  other  person  by  judgment  or  otherwise  in  excess  of  the  amount  of 
such  compensation  paid  or  to  be  paid  under  this  Act  and  all  costs,  attor¬ 
ney’s  fees  and  reasonable  expenses  incurred  by  such  employer'  in 
making  such  collection  and  enforcing  such  liability. 


40 


§  30.  It  shall  be  the  duty  of  every  employer  within  the  provisions 
of  this  Act  to  send  to  the  Industrial  Board  in  writing  an  immediate 
report  of  all  accidental  injuries  arising  out  of  or  in  the  course  of  the 
employment  and  resulting  in  death ;  it  shall  also  be  the  duty  of  every 
such  employer  to  report  between  the  15th  and  the  25th  of  each  month  to 
the  Industrial  Board  all  accidental  injuries  for  which  compensation  has 
been  paid  under  this  Act,  which  injuries  entail  a  loss  to  the  employee 
of  more  than  one  week^s  time,  and  in  case  the  injury  results  in  perma¬ 
nent  disability,  a  further  report  shall  be  made  as  soon  as  it  is -determined 
that  such  permanent  disability  has  resulted  or  will  result  from  such 
injury.  All  reports  shall  state  the  date  of  the  injury,  including  the 
time  of  day  or  night,  the  nature  of  the  employer’s  business,  the  name, 
address,  the  age,  sex,  conjugal  condition  of  the  injured  person,  the 
specific  occupation  of  the  injured  person,  the  direct  cause  of  the  injury 
and  the  nature  of  the  accident,  the  character  of  the  injury,  the  length 
of  disability,  and,  in  case  of  death,  the  length  of  disability  before  death, 
the  wages  of  the  injured  person,  whether  compensation  has  been  paid  to 
the  injured  person,  or  to  his  legal  representatives  or  his  heirs  or  next  of 
kin,  the  amount  of  compensation  paid,  the  amount  paid  for  physicians’, 
surgeons’  and  hospital  bills,  and  by  whom  paid,  and  the  amount  paid  for 
funeral  or  burial  expenses,  if  known.  The  making  of  reports  as  provided 
herein  shall  release  the  employer  covered  by  the  provisions  of  this  Act 
from  making  such  report  to  any  other  officer  of  the  State. 

§  31.  Any  person,  firm  or  corporation,  who  undertakes  to  do  or 
contracts  with  others  to  do,  or  have  done  for  him,  them  or  it,  any  work 
enumerated  as  extra-hazardous  in  paragraph  (b),  section  3,  requiring 
employment  of  employees  in,  on  or  about  the  premises  where  he,  they  or 
it,  as  principal  or  principals,  contract  to  do  such  work,  or  any  part  there¬ 
of,  and  does  not  require  of  the  person,  firm  or  corporation  undertaking  to 
do  such  work  for  said  principal  or  principals,  that  such  person,  firm  or 
corporation  undertaking  to  do  such  work  shall  insure  his,  their  or  its 
liability  to  pay  the  compensation  provided  in  this  Act  to  his,  their  or 
its  employees  and  any  such  person,  firm  or  corporation  who  creates  or 
carries  into  operation  any  fraudulent  scheme,  artifice  or  device  to  enable 
him,  them  or  it  to  execute  such  work  without  such  person,  firm  or  cor¬ 
poration  being  responsible  to  the  employee,  his  personal  representative 
or  beneficiary  entitled  to  such  compensation  under  the  provisions  of  this 
Act,  such  person,  firm  or  corporation  shall  be  included  in  the  term 
“^^employer”  and  with  the  immediate  employer  shall  be  jointly  and  seve¬ 
rally  liable  to  pay  the  compensation  herein  provided  for  and  be  subject 
to  all  the  provisions  of  this  Act. 

§  32.  hfo  right  of  action  for  damages,  at  common  law  or  under 
any  other  statute,  existing  at  the  time  of  the  taking  effect  of  this  Act, 
shall  be  affected  by  this  Act. 

If  the  provisions  of  this  Act  relating  to  compensation  for  injuries  to 
or  death  of  employees  shall  be  repealed  or  adjudged  invalid  or  uncon¬ 
stitutional,  the  period  intervening  between  the  occurrence  of  an  injury 
or  death  and  such  repeal  or  final  adjudication  of  invalidity,  shall  not  be 
computed  as  a  part  of  the  time  limited  by  law  for  the  commencement  of 
any  action  relating  to  such  injury  or  death,  but  the  amount  of  any 
('ompensation  which  may  have  been  paid  for  any  such  injury  shall  be 


41 


deducted  from  any  judgment  for  damages  recovered  on  account  of  such 
injury.  Any  claim,  disagreement  or  controversy  existing  or  arising  under 
^^An  Act  to  promote  the  general  welfare  of  the  People  of  this  State,  by 
providing  compensation  for  accidental  injuries  or  death  suffered  in  the 
course  of  employmenV^  approved  June  10,  1911,  in  force  May  1,  1912, 
shall  be  adjusted  in  accordance  with  the  provisions  of  said  Act  notwith¬ 
standing  the  repeal  thereof,  or  may,  by  agreement  of  the  parties,  be 
adjusted  in  accordance  with  the  method  of  procedure  provided  in  this 
Act  for  the  adjustment  of  differences,  jurisdiction  to  adjust  such  differ¬ 
ences  so  submitted  by  the  parties  being  hereby  conferred  upon  the  Indus¬ 
trial  Board  or  committee  of  arbitration  provided  for  in  this  Act. 

§  33.  Any  wilful  neglect,  refusal,  or  failure  to  do  the  things 
required  to  be  done  by  any  section,  clause,  or  provision  of  this  Act,  on 
the  part  of  the  persons  herein  required  to  do  them,  or  any  violation  of 
any  of  the  provisions  or  requirements  hereof,  or  any  attempt  to  obstruct 
or  interfere  with  any  court  officer,  or  any  other  person  charged  with  the 
duty  of  administering  or  enforcing  the  provisions  of  this  Act,  shall  be 
deemed  a  misdemeanor,  punishable  by  a  fine  of  not  less  than  $10  nor 
more  than  $500  at  the  discretion  of  the  court. 

§  34.  The  invalidity  of  any  portion  of  this  Act  shall  in  no  way 
affect  the  validity  of  any  other  portion  thereof  which  can  be  given  effect 
without  such  invalid  part. 

§  35.  That  an  Act  to  promote  the  general  welfare  of  the  State  of 
Illinois  by  providing  compensation  for  accidental  injuries  or  death 
suffered  in  the  course  of  employment,  approved  June  10,  1911,  in  force 
May  1,  1912,  be,  and  the  same  is,  hereby  repealed. 

Approved  June  28,  1913. 


Mason  Contractors  and  Employing  Masons  in  Cities  of  150,000 

OR  Over — Building  Eegulations 

x4n  Act  to  provide  for  the  licensing  of  mason  contractors  and  ernploy- 
mg  masons  and  to  regulate  the  safe  and  proper  construction  of 
buildings. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  all  cities  of  this  State 
of  150,000  inhabitants  or  over,  every  mason  contractor  or  employing 
mason  shall  be  required  to  obtain  an  annual  license  therefor,  in  the 
manner  following: 

§  2.  Every  person  desiring  to  engage  in  the  business  of  mason 
contractor  or  employing  mason  shall  make  application  to  a  Board  of 
Examiners,  hereinafter  provided  for,  and  shall,  at  such  time  and  place 
as  said  board  may  designate,  be  compelled  to  pass  such  examination  as 
to  his  qualifications  as  said  board  may  direct;  said  examination  may 
be  made  in  whole  or  in  part  in  writing  and  shall  be  of  a  practical  and 
elementary  character  but  sufficiently  strict  to  test  his  qualifications. 

§  3.  In  every  city  of  150,000  inhabitants  or  over,  there  shall  be 
a  Board  of  Examiners  of  mason  contractors  or  employing  masons,  con¬ 
sisting  of  three  members,  one  of  which  shall  be  the  building  commis- 


42 


sioner,  who  shall  be  ex  officio  chairman  of  said  Board  of  Examiners,  one 
shall  be  a  practical  architect  and  one  shall  be  a  practical  mason,  who 
shall  be  appointed  by  the  mayor  and  approved  by  the  city  council  within 
three  months  after  the  passage  of  this  Act,  for  the  term  of  one  (1) 
year  from  the  first  day  of  May  in  the  year  of  appointment  and  there¬ 
after  annually  before  the  first  day  of  May,  and  shall  be  paid  from  the 
treasury  of  said  city  such  sum  as  the  officers  may  designate. 

§  4.  Said  Board  of  Examiners  shall,  as  soon  as  may  be  convenient 
after  appointment,  meet  and  shall  then  designate  the  times  and  places 
for  the  examination  of  all  applicants  desiring  to  engage  in  or  work 
at  the  business  of  mason  contracting  or  employing  masons  within  their 
respective  jurisdiction;  said  board  shall  examine  said  applicants  as  to 
their  practical  knowledge  of  masonry  and  mason  construction  and  all 
matters  pertaining  to  mason  construction  and,  if  satisfied  of  the  com¬ 
petency  of  such  applicants,  shall  thereupon  issue  a  certificate  to  such 
applicant,  authorizing  him  to  engage  in  the  business  of  mason  con¬ 
tracting  or  employing  masons;  the  license  or  certificate  fee  for  such 
mason  contractor  or  employing  mason  shall  be  fixed  by  the  common 
council  of  such  cities ;  said  certificate  shall  be  valid  and  have  force 
throughout  the  State  for  a  period  of  one  (1)  year  from  date  of  issuance 
and  may  be  renewed  upon  its  expiration  by  paying  in  advance  an  annual 
renewal  fee  to  be  fixed  by  the  common  council  of  such  cities  for  the 
certificate  to  master  or  employing  masons  or  mason  contractor;  all  fees 
received  for  said  license  or  certificate  shall  be  paid  into  the  treasury 
of  the  city  where  such  certificates  are  issued :  Provided,  that  wherever 
a  firm  or  corporation  consists  of  more  than  one  master  or  employing 
mason,  that  it  shall  not  be  necessary  for  more  than  one  member  of  said 
firm  or  corporation  to  procure  a  license  certificate. 

§  5.  Each  city  shall,  by  ordinance  or  by  law,  within  three  months 
of  the  passage  of  this  Act,  prescribe  rules  and  regulations  for  the 
materials,  construction,  alteration  and  inspection  of  all  mason  work 
placed  in  or  upon  or  in  connection  with  any  building  in  said  city;  and 
the  building  department  shall  provide  that  no  mason  work  shall  be  done 
upon  any  building  without  a  permit  being  first  issued  therefor  upon 
such  terms  and  conditions  as  such  city  shall  prescribe. 

§  6.  All  persons  who  are  required  by  this  Act  to  take  examination 
and  procure  a  certificate  as  required  by  this  Act  shall  apply  to  the  board 
in  the  city  where  he  resides  or  to  the  board  nearest  his  place  of  residence. 

§  7.  Any  person  violating  any  provision  of  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor  and  shall  be  subject  to  a  fine  of  not 
less  than  five  dollars  ($5)  nor  exceeding  fifty  dollars  ($50)  for  each 
and  every  violation  thereof,  and  his  certificate  may  be  revoked  by  the 
proper  authorities  in  said  city. 

Approved  June  30,  1913. 


43 


Mechanics^  Liens — Act  oe  1903  Amended 

An  Act  to  amend  section  1,  section  7  a^id  section  21  of  “An  Act  to 
7'evise  the  law  in  relation  to  mechanics'  liens,  to  whom,  what  for, 
and  when  lien  is  given;  who  is  a  contractor :  area  covered  b^j  and 
extent  of  lien;  luhen  the  lien  attaches,"  approved  Alay  18,  1903,  in 
force  July  1,  1903, 

Section  1.  Be  it  e^iacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1,  section  7  and 
section  21  of  an  Act  entitled,  ‘^‘^An  Act  to  revise  the  law  in  relation  to 
mechanics’  liens,  to  whom,  what  for,  and  when  lien  is  given;  who  is  a 
contractor;  area  covered  by  and  extent  of  lien;  when  the  lien  attaches 
(approved  May  18,  1903,  in  force  July  1,  1903),”  be  and  the  same  is 
hereby  revised  and  amended  so  as  to  read  as  follows : 

§  1.  When  lien  given.]  That  any  person  who  shall  by  any  con¬ 
tract  or  contracts,  express  or  im^plied,  or  partly  expressed  or  implied, 
with  the  owner  of  a  lot  or  tract  of  land,  or  with  one  whom  such  owner 
has  authorized  or  knowingly  permitted  to  contract  for  the  improvement 
of,  or  to  improve  the  same,  furnish  material,  fixtures,  apparatus  or 
machinery,  forms  or  form  work  used  in  the  process  of  construction  where 
cement,  concrete  or  like  material  is  used  for  the  purpose  of  or  in  the 
building,  altering,  repairing  or  ornamenting  any  house  or  other  building, 
walk  or  sidewalk,  whether  such  walk  or  sidewalk  be  on  the  land  or  bor¬ 
dering  thereon,  driveway,  fence  or  improvement  or  appurtenances 
thereto  on  such  lot  or  tract  of  land  or  connected  therewith,  and  upon, 
over  or  under  a  sidewalk,  street  or  alley  adjoining;  or  'fill,  sod  or  exca¬ 
vate  such  lot  or  tract  of  land,  or  do  landscape  work  thereon  or  therefor; 
or  raise  or  lower  any  house  thereon  or  remove  any  house  thereto ;  or 
perform  services  as  an  architect  for  any  such  purpose;  or  furnish  or 
perform  labor  or  services  as  superintendent,  timekeeper,  mechanic, 
laborer  or  otherwise,  in  the  building,  altering,  repairing  or  ornamenting 
of  the  same;  or  furnish  material,  fixtures,  apparatus,  machinery,  labor 
or  services,  forms  or  form  work  used  in  the  process  of  construction  where 
concrete,  cement  or  like  material  is  used,  on  the  order  of  his  agent, 
architect  or  superintendent  having  charge  of  the  improvements,  build¬ 
ing,  altering,  repairing  or  ornamenting  the  same,  shall  be  known  under 
this  Act  as  a  contractor,  and  shall  have  a  lien  upon  the  whole  of  such 
lot  or  tract  of  land  and  upon  the  adjoining  or  adjacent  lots  or  tracts 
of  land  of  such  owner  constituting  the  same  premises  and  occupied  or 
used  in  connection  with  such  lot  or  tract  of  land  as  a  place  of  residence 
or  business;  and  in  case  the  contract  relates  to  two  or  more  buildings, 
on  two  or  more  lots  or  tracts  of  land,  upon  all  such  lots  and  tracts  of 
land  and  improvements  thereon  for  the  amount  due  to  him  for  such 
material,  fixtures,  apparatus,  machinery,  services  or  labor,  and  interest 
from  the  date  the  same  is  due.  This  lien  shall  extend  to  an  estate  in 
fee,  for  life,  for  years,  or.  any  other  estate  or  any  right  of  redemption, 
,  or  other  interest  which  such  owner  may  have  in  the  lot  or  tract  of  land 
at  the  time  of  making  such  contract  or  may  subsequently  acquire  therein, 
and  shall  be  superior  to  any  right  of  dower  of  husband  or  wife  in  said 
premises,  provided  the  owner  of  such  dower  interest  had  knowledge  of 
such  improvement  and  did  not  give  written  notice  of  his  or  her  objection 


44 


to  such  improvement  before  the  making  thereof ;  nor  shall  the  taking  of 
additional  security  by  the  contractor  or  sub-contractor  be  a  waiver  of 
any  right  of  lien  which  he  may  have  by  virtue  of  this  Act,  unless  made 
a  waiver  by  express  agreement  of  the  parties ;  and  this  lien  shall  attach 
as  the  date  of  the  contract. 

§  7.  Limitation  as  against  third  parties — claim  eor  lien — 

WHAT  SHALL  CONSIST  OF WHEN  CLAIM  MAY  BE  FILED  AND  WHEN 

AMENDED - AS  TO  EREORS  IN - PROOF  OF  DELIVERY  OF  MATERIAL,  NOT 

USE,  SUFFICIENT - DELIVERY  OF  MATERIAL  AT  ONE  BUILDING  GOOD  FOR 

ALL  BUILDINGS.]  No  contractor  shall  be  allowed  to  enforce  such  lien 
against  or  to  the  prejudice  of  any  other  creditor  or  incumbrancer  or 
purchaser,  unless  within  four  months  after  completion,  or  if  extra  or 
additional  work  is  done  or  material  is  delivered  therefor  within  four 
months  after  the  completion  of  such  extra  or  additional  work  or  the 
final  delivery  of  such  extra  or  additional  material,  he  shall  either  bring 
suit  to  enforce  his  lien  therefor  or  shall  file  with  the  clerk  of  the  circuit 
court  in  the  county  in  which  the  building,  erection  or  other  improvement 
to  be  charged  with  the  lien  is  situated,  a  claim  for  lien,  verified  by  the 
affidavit  of  himself,  or  his  agent  or  employee,  which  shall  consist  of  a 
brief  statement  of  the  contract,  the  balance  due  after  allowing  all  credits, 
and  a  sufficiently  correct  description  of  the  lot,  lots  or  tracts  of  land  to 
identify  the  same.  Such  claim  for  lien  may  be  filed  at  any  time  after 
the  contract  is  made,  and  as  to  the  owner  may  be  filed  at  any  time  after 
the  contract  is  made  and  within  two  years  after  the  completion  of  said 
contract,  or  the  completion  of  any  extra  work  or  the  furnishing  of  any 
extra  material  thereunder,  and  as  to  such  owner  may  be  amended  at  any 
time  before  the  final  decree.  No  such  lien  shall  be  defeated  to  the 
proper  amount  thereof  because  of  an  error  or  overcharging  on  the  part 
of  any  person  claiming  a  lien  therefor  under  this  Act,  unless  it  shall 
be  shown  that  such  error  or  overcharge  is  made  with  intent  to  defraud; 
nor  shall  any  such  lien  for  material  be  defeated  because  of  lack  of  proof 
that  the  material  after  the  delivery  thereof,  actually  entered  into  the 
construction  of  such  building  or  improvement,  although  it  be  shown 
that  such  material  was  not  actually  used  in  the  construction  of  such 
building  or  improvement:  Provided,  it  is  shown  that  such  material  was 
delivered  either  to  said  owner  or  his  agent  for  such  building  or  im¬ 
provement,  to  be  used  in  said  building  or  improvement,  or  at  the  place 
where  said  building  or  improvement  was  being  constructed,  for  the  pur¬ 
pose  of  being  used  in  construction  or  for  the  purpose  of  being  employed 
in  the  process  of  construction  as  a  means  for  assisting  in  the  erection  of 
the  building  or  improvement  in -what  is  commonly  termed  forms  or 
form  work  where  concrete,  cement  or  like  material  is  used,  in  whole  or 
in  part:  Aiid,  provided,  further,  that  in  case  of  the  construction  of  a 
number  of  buildings  under  contract  between  the  same  parties,  it  shall 
be  sufficient  in  order  to  establish  such  lien  for  material,  if  it  be  shown 
that  such  material  was  in  good  faith  delivered  at  one  of  the  said  build¬ 
ings  for  the  purpose  of  being  used  in  the  construction  of  any  one  or 
all  of  such  buildings,  or  delivered  to  the  owner  or  his  agent  for  such 
buildings,  to  be  used  therein;  and  such  lien  for  such  material  shall 
attach  to  all  of  said  buildings,  together  with  the  land  upon  which  the 
same  are  being  constructed,  the  same  as  in  a  single  building  or  improve- 


45 


ment:  And,  provided,  further,  that  in  the  event  the  contract  relates  to 
two  or  more  buildings  on  two  or  more  lots  or  tracts  of  land,  then  all  of 
said  buildings  and  lots  or  tracts  of  land  may  be  included  in  one  state¬ 
ment  of  claim  for  a  lien. 

§  21.  SuB-CONTRACTOKS - LIENS  OF  SUB-CONTRACTORS - WHO  ARE 

— EXTENT  OF  THEIR  LIENS  SUPERIOR  TO  CREDITORS  OR  CONTRACTORS  ON 
MONEY  DUE  CONTRACTORS — DUTY  OF  OWNER  AND  CONTRACTOR  TO  FILE 

NOTICE  OF  WAIVER  OF  LIEN - LIMIT  OF  OWNER^S  LIABILITY — OWNER 

LIABLE  FOR  SUB-CONTRACTS  PERFORMED  AFTER  NOTICE  THEREOF - RIGHTS 

OF  IN  CASE  CONTRACTOR  DEFAULT  MAY  COMPLETE,  IF  CONTRACTOR 
ABANDONS.]  Everv  mechanic,  workman  or  other  person  who  shall  fur¬ 
nish  any  materials,  apparatus,  machinery  or  fixtures,  or  furnish  or 
perform  services  or  labor  for  the  contractor,  or  shall  furnish  any 
material  to  be  employed  in  the  process  of  construction  as  a  means  for 
assisting  in  the  erection  of  the  building  o.r  improvement  in  what  is 
commonly  termed  form  or  form  work  where  concrete,  cement  or  like 
material  is  used  in  whole  or  in  part,  shall  be  known  under  this  Act 
as  a  sub-contractor,  and  shall  have  a  lien  for  the  value  thereof,  with 
interest  on*  such  amount  frani  the  date  the  same  is  due,  from  the 
same  time,  on  the  same  property  as  provided  for  the  contractor, 
and,  also,  as  against  the  creditors  and  assignees,  and  personal  and 
legal  representatives  of  the  contractor,  on  the  material,  fixtures,  appa¬ 
ratus  or  machinery  furnished,  and  on  the  moneys  or  ather  considera¬ 
tions  due  or  to  become  due  from  the  owner  under  the  original  contract. 
If  the  legal  effect  of  any  contract  between  the  owner  and  contractor  is 
that  no  lien  or  claim  may  be  filed  or  maintained  by  any  one,  such  pro¬ 
vision  shall  be  binding;  but  the  only  admissible  evidence  thereof  as 
against  a  sub-contractor  or  material  man,  shall  be  proof  of  actual  notice 
thereof  to  him  before  any  labor  or  material  is  furnished  by  him;  or 
proof  that  a  duly  written  and  signed  stipulation  or  agreement  to  that 
effect  has  been  filed  in  the  office  of  the  recorder  of  deeds  of  the  county 
or  counties  where  the  house,  building  or  other  improvement  is  situated, 
prior  to  the  commencement  of  the  work  upon  such  house,  building  or 
other  improvement,  or  within  ten  days  after  the  execution  of  the  prin¬ 
cipal  contract  or  not  less  than  ten  days  prior  to  the  contract  of  the  sub¬ 
contractor  or  material  man.  And  the  recorder  of  deeds  shall  record  the 
same  at  length  in  the  order  of  time  of  its  reception  in  books  provided 
by  him  for  that  purpose,  and  the  recorder  of  deeds  shall  index  the  same, 
in  the  name  of  the  contractor  and  in  the  name  of  the  owner,  in  books 
kept  for  that  purpose,  and  also  in  the  tract  or  abstract  book  of  the  tract, 
lot,  or  parcel  of  land,  upon  which  said  house,  building  or  other  improve¬ 
ment  is  located,  and  said  recorder  of  deeds  shall  receive  therefor  a  fee, 
such  as  is  provided  for  the  recording  of  instruments  in  his  office. 

In  no  case,  except  as  hereinafter  provided,  shall  the  owner  be  com- 
])elled  to  pay  a  greater  sum  for  or  on  account  of  the  completion  of  such 
house,  building  or  other  improvement  than  the  price  or  sum  stipulated 
in  said  original  contract  or  agreement,  unless  payment  be  made  to  the 
contractor  or  to  his  order,  in  violation  of  the  rights  and  interests  of  the 
persons  intended  to  be  benefited  by  this  Act :  Provided,  if  it  shall  appear 
to  the  court  that  the  owner  arid  contractor  fraudulently,  and  for  the 
purpose  of  defrauding  sub-contractors  fixed  an  unreasonably  low  price 


46 


in  their  original  contract  for  the  erection  or  repairing  of  such  house, 
building  or  other  improvement,  then  the  court  shall  ascertain  how  much 
of  a  difference  exists  between  a  fair  price  for  labor  and  material  used  in 
said  house,  building  or  other  improvement,  and  the  sum  named  in  said 
original  contract,  and  said  difference  shall  be  considered  a  part  of  the 
contract  and  be  subject  to  a  lien.  But  where  the  contractor’s  statement, 
made  as  provided  in  section  five  (5),  shows  the  amount  to  be  paid  to 
the  sub-contractor,  or  party  furnishing  material,  or  the  sub-contractor’s 
statement,  made  pursuant  to  section  twenty-two  (22),  shows  the  amount 
to  become  due  for  material;  or  notice  is  given  to  the  owner,  as  provided 
in  sections  twenty-four  (24)  and  twenty-five  (25),  and  thereafter  such 
sub-contract  shall  be  performed,  or  material  to  the  value  of  the  amount 
named  in  such  statements  or  notice,  shall  be  prepared  for  use  and 
delivery,  or  delivered  without  written  protest  on  the  part  of  the  owner 
previous  to  such  performance  or  delivery,  or  preparation  for  delivery, 
then,  and  in  any  of  such  cases,  such  sub-contractor  or  party  furnishing 
or  preparing  material,  regardless  of  the  price  named  in  the  original  con¬ 
tract,  shall  have  a  lien  therefor  to  the  extent  of  the  amount  named  in 
such  statements  or  notice.  Also,  in  case  of  default  or  abandonment  by 
the  contractor,  the  sub-contractor  or  party  furnishing  material,  shall 
have  and  may  enforce  his  lien  to  the  same  extent  and  in  the  same  manner 
that  the  contractor  may  under  conditions  that  arise  as  provided  for  in 
section  four  (4)  of  this  Act,  and  shall  have  and  may  exercise  the  same 
rights  as  are  therein  provided  for  the  contractor. 

Approved  June  16,  1913. 


Miners’  Examining  Board — Eevision 

An  Act  to  provide  for  the  safety  of  persons  employed  in  and  about  coal 
mines,  and  to  provide  for  the  examinations  of  persons  seeking 
employment  therein  in  order  that  only  competent  persons  may  be 
employed  as  miners,  and  to  create  a  board  of  examiners  for  this 
purpose  and  to  provide  a  penalty  for  the  violation  of  the  same,  and 
to  repeal  an  Act  entitled,  “An  Act  to  amend  an  Act  entitled,  'An 
Act  to  provide  for  the  safety  of  persons  employed  in  and  about  coal 
mines  and  to  provide  for  the  examination  of  pe'rsons  seeking  employ¬ 
ment  as  coal  miners,  and  providing  penalties  for  the  violation  of  the 
same,  approved  June  1,  1908,  in  force  July  1,  190Sf  approved  June 
5,  1909,  in  force  July  1,  1909/' 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  hereafter  no  person  shall  be 
employed  or  engaged  as  a  miner  in  any  coal  mine  in  this  State  without 
having  first  obtained  a  certificate  of  competency  and  qualification  so  to 
do  from  the  “Miners’  Examining  Board”  of  this  State,  created  by  this 
Act:  Provided,  however,  that  any  such  certificated  miner  may  have  one 
person  working  with  him  and  under  his  directions  as  an  apprentice  for 
the  purpose  of  learning  the  business  of  mining  and  becoming  qualified 
to  obtain  a  certificate  in  conformity  with  the  provisions  of  this  Act. 


47 


§  2.  The  Governor  shall,  by  and  with  the  advice  and  consent  of 
the  Senate,  within  thirty  days  after  this  Act  shall  take  effect,  appoint 
three  persons  as  Miners’  Examining  Commissioners,  who  shall  consti¬ 
tute  the  ^“^Miners’  Examining  Board,”  for  the  State  of  Illinois,  and  who 
shall  hold  office  as  follows :  One  of  said  appointees  shall  hold  office  until 
March  1,  1914,  one  until  March  1,  1915,  and  one  until  March  1,  1916, 
and  on  the  first  day  of  March  of  each  year  after  this  Act  shall  take 
effect,  one  member  of  said  board  shall  be  appointed  and  the  term  of 
office  thereafter  shall  be  three  years  for  each  member,  or  until  his  suc¬ 
cessor  is  appointed  and  qualified.  Two  of  such  commissioners  shall 
constitute  a  quorum.  Said  commissioners  shall  hold  no  other  lucrative 
office  or  employment  under  the  government  of  the  United  States,  State 
of  Illinois,  or  any  political  division  thereof  or  any  municipal  corporation 
therein  and  each  commissioner  before  entering  upon  the  duties  of  his 
office  shall  subscribe  and  take  the  oath  prescribed  by  the  Constitution 
of  this  State,  and  shall' before  entering  upon  the  duties  of  his  office 
give  a  bond  with  sufficient  surety  to  be  appi;oved  by  the  Governor,  pay¬ 
able  to  the  People  of  the  State  of  Illinois,  in  the  penal  sum  of  five 
thousand  dollars  ($5,000),  conditioned  for  the  faithful  discharge  of  his 
duties  of  office  and  the  delivery  of  all  records,  books,  moneys,  and  other 
property  pertaining  to  his  office  to  his  successor  in  office,  which  said  bond 
shall  be  deposited  in  the  office  of  the  Auditor  of  Public  Accounts. 

§  3.  No  person  shall  be  appointed  such  miners’  examining  com¬ 
missioner  who  has  not  had  at  least  five  years’  practical  and  continuous 
experience  as  a  coal  miner  and  who  has  not  been  actually  engaged  in 
coal  mining  as  a  miner  in  the  State  of  Illinois  continuously  for  twelve 
months  next  preceding  his  appointment:  Provided,  however,  that  a 
commissioner  may  be  appointed  to  succeed  himself. 

§  4.  Each  of  said  commissioners  shall  receive  a  salary  of  fifteen 
hundred  dollars  ($1,500)  per  year,  payable  monthly.  Such  salary  to  be 
paid  on  the  certificate  of  the  president  of  said  board  verified  by  the 
commissioner  receiving  the  same  and  approved  by  the  Governor. 

§  5.  Immediately  after  the  appointment  or  reappointment  of  a 
commissioner  in  each  and-  every  year,  the  said  board  shall  organize  by 
selecting  ope  of  its  members  president  and  another  secretary  for  the 
ensuing  year,  and  all  records,  reports,  books,  papers  and  other  property 
pertaining  to  the  office  of  said  board  shall  be  kept  by  the  secretary.  The 
secretary  shall  be  provided  with  a  seal  with  proper  device  and  on  the 
margin  thereof  shall  be  the  words,  ^^Miners’  Examining  Board,  State 
of  Illinois.” 

§  6.  Such  board  shall  hold  an  examination  once  in  each  calendar 
month,  in  at  least  twelve  places  located  most  conveniently  with  reference 
to  the  disrticts  in  which  coal  is  mined  in  the  State  of  Illinois  so  that 
all  persons  in  such  districts  or  in  this  State,  or  who  may  wish  to  come 
into  this  State,  for  the  purpose  of  engaging  in  mining,  may  be  exam¬ 
ined  as  to  their  competency  and  qualifications.  Notice  of  the  time  and 
place  of  such  examinations  shall  be  published  in  some  newspaper  of 
general  circulation  printed  in  the  English  language  and  published  in 
the  vicinity  where  such  examination  will  be  held.  Such  notice  shall  be 
published  at  least  three  times  before  the  date  of  such  examination,  the 
first  publication  not  less  than  seven  days  before  the  examination  is  to 


48 


occur.  If  there  is  not  such  newspaper  published  at  the  place  of  such 
examination,  then  such  notice  shall  be  published  in  the  newspaper 
nearest  to  the’ place  of  such  examination. 

§  7.  Each  applicant  for  the  certificate  provided  for  herein  shall 
])ay  a  fee  of  $2  to  said  board.  Fees  so  collected  during  each  month 
shall,  before  the  10th  day  of  the  following  month,  be  paid  by  the  board 
to  the  State  Treasurer,  together  with  a  report  showing  where  and  from 
whom  each  fee  was  collected. 

§  8.  All  examinations  held  by  said  'AlineiV  Examining  Board’^ 
shall  be  conducted  in  the  English  language  and  shall  be  of  a  practical 
nature  so  as  to  determine  the  competency  and  qualification  of  the  appli¬ 
cant  to  engage  in  the  business  of  mining.  Said  board  shall  examine 
liiider  oath  all  persons  who  apply  for  certificates  as  to  their  previous 
experience  as  miners  and  shall  grant  certificates  of  competency  or  quali¬ 
fication  to  such  applicants  as  are  qualified,  which  certificates  shall  entitle 
the  holder  thereof  to  be  employed  as  and  to  do  the  work  of  miners  in 
this  State.  Xo  certificate  of  competency  shall  issue  or  be  given  to  any 
person  under  this  Act  unless  he  shall  produce  evidence  of  having  had 
not  less  than  two  years^  practical  experience  as  a  miner  or  with  a  miner, 
and  in  no  case  shall  an  applicant  be  deemed  competent  unless  he  appear 
in  person  before  said  board  and  orally  answer  intelligently  and  correctly 
at  least  twelve  practical  questions  propounded  to  him  by  the  board  per¬ 
taining  to  the  requirements  and  qualifications  of  a  practical  miner. 
Said  board  shall  keep  an  accurate  record  of  its  proceedings  and  meet¬ 
ings  and  in  said  record  shall  show  a  correct  detailed  account  of  the 
examination  of  each  applicant  with  questions  asked  and  their  answers, 
and  at  each  of  its  meetings  the  board  shall  keep  said  record  open  for 
public  inspection.  ISlo  miner’s  certificate  granted  under  the  provision 
of  this  Act  shall  be  transferable  and  any  effort  to  transfer  the  same 
shall  be  deemed  a  violation  of  this  Act.  Such  certificates  shall  be  issued 
only  at  meetings  of  said  board  and  said  certilicates  shall  not  be  legal 
unless  signed  by  at  least  two  members  of  said  board  and  sealed  with  the 
seal  of  the  board  issuing  such  certificates. 

§  9.  Said  board  shall  annually  on  the  first  day  of  March,  report 
to  the  Governor,  in  writing,  what  examinations  it  has  held  and  what 
work  it  has  done  during  the  preceding  year,  together  with  such  recom¬ 
mendations  as  it  may  deem  advisable  for  the  improvement  of  the  method 
of  holding  examinations  and  carrying  out  the  purposes  of  this  Act. 

§  10.  No  person  shall  hereafter  engage  as  a  miner  in  any  coal 
mine  without  having  obtained  a  certificate  of  qualification  as  provided 
for  in  this  Act,  nor  shall  any  person,  firm,  or  corporation  employ  as  a 
miner  in  his,  their  or  its  mine  in  this  State,  any  person  who  does  not 
hold  such  certificate,  nor  shall  any  mine  foreman,  overseer,  or  superin¬ 
tendent  permit  or  suffer  any  person  to  be  employed  under  him  or  in 
any  mines  under  his  charge  or  supervision  as  a  miner  in  any  mine  in 
this  State,  except  as  herein  provided,  who  does  not  hold  such  certificate 
of  qualification.  Any  person,  firm  or  corporation  who  shall  violate  or 
fail  to  comply  with  the  provisions  of  this  Act,  shall  be  deemed  guilty  of 
misdemeanor  and  on  conviction  thereof  shall  be  fined  in  any  sum  not 
less  than  one  hundred  dollars  ($100),  and  not  more  than  five  hundred 


49 


dollars  ($500),  or  shall  be  imprisoned  in  the  county  jail  for  a  term  of 
not  less  than  thirty  days,  nor  to  exceed  six  months,  at  the  discretion  of 
the  court. 

§  11.  It  shall  be  the  duty  of  said  ^^Miners^  Examining  Board^^  to 
report  all  complaints  or  charges  of  non-compliance  with,  or  violation  of 
the  provisions  of  this  Act  to  the  State’s  attorney  of  the  county  in  which 
such  non-compliance  or  violation  occurs,  and  it  shall  be  the  duty  of  the 
State’s  attorney  of  the  county  wherein  the  complaints  or  charges  are 
made,  to  investigate  the  same  and  prosecute  all  persons  so  offending. 

§  12.  In  order  to  more  effectively  carry  out  the  intention  and 
purposes  of  this  Act,  the  ^“^Miners’  Examining  Board”  shall  have  power 
to  administer  oaths  to  any  and  all  persons  who  are  applicants  or  may 
vouch  in  any  manner  for  the  service  or  qualification  of  any  applicant 
in  order  to  obtain  for  him  a  certificate  hereunder,  and  any  person  who 
shall  willfully  swear  or  falsely  testify  as  to  any  matter  material  to  such 
examination  or  as  to  the  service  or  qualification  of  any  applicant,  shall 
be  deemed  guilty  of  perjury  and  shall  be  subject  to  the  penalties  thereof 
as  prescribed  by  the  criminal  code  of  this  State. 

§  13.  The  Governor  shall  have  the  power  and  authority  to  remove 
any  of  said  commissioners  for  neglect  of  duty,  incompetency,  or  mal¬ 
feasance  in  office,  and  upon  such  removal  shall  appoint  a  successor. 

§  14.  The  invalidity  of  any  section  or  part  of  this  Act,  shall  in 
no  manner  effect  the  validity  of  any  other  part  or  of  this  Act,  exclusive 
of  such  invalid  part  or  parts,  if  any. 

§  15.  That  an  Act  entitled,  ‘^‘^An  Act  to  amend  an  Act  entitled, 
h\n  Act  to  provide  for  the  safety  of  persons  employed  in  and  about  coal 
mines,  and  to  provide  for  the  examination  of  persons  seeking  employ¬ 
ment  as  coal  miners,  and  providing  penalties  for  the  violation  of  the 
same,  approved  June  1,  1908,  in  force  July  1,  1908,’  approved  June  5, 
1909,  in  force  July  1,  1909,”  be  and  the  same  is  hereby  repealed. 

Approved  June  27,  1913. 


Mining  Investigation  Commission 

An  Act  to  establish  the  Mining  Investigation  Commission  of  the  State 
of  Illinois,  and  prescribing  its  powers  and  duties  and  making  an 
appropriation  therefor. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  a  commission  be  established 
to  be  known  as  the  Mining  Investigation  Commission  of  the  State  of 
Illinois,  consisting  of  three  coal  mine  owners  and  three  coal  miners 
appointed  by  the  Governor,  together  with  three  qualified  men,  no  one  of 
whom  shall  be  identified  or  affiliated  with  the  interests  of  either  of  the 
mine  owners  or  coal  miners  or  dependent  upon  the  patronage  or  ‘good 
will  of  either,  nor  in  political  life,  who  shall  be  appointed  by  the 
Governor. 

Each  member  of  said  commission  shall  have  equal  authority,  power 
and  voting  strength  in  considering  and  acting  upon  any  matters  which 

— 4  L  L 


50 


may  be  brought  to  the  attention  of  the  commission  and  on  which  the 
commission  may  act  and  the  said  commission  shall  have  power  and 
authority  to  investigate  the  methods  and  conditions  of  mining  coal  in 
the  State  of  Illinois  with  special  reference  to  the  safety  of  human  lives 
and  property  and  the  conservation  of  the  coal  deposits. 

§  2.  In  making  an  investigation  as  contemplated  in  this  Act,  said 
commissioners  shall  have  the  power  to  issue  subpoenas  for  the  attend¬ 
ance  of  witnesses,  which  shall  be  under  the  seal  of  the  commission  and 
signed  by  the  chairman  or  secretary  of  said  commission. 

In  case  any  person  shall  wilfully  fail  or  refuse  to  obey  such  sub¬ 
poena,  it  shall  be  the  duty  of  the  Circuit  Court  of  any  county,  upon 
application  of  the  said  commissioners,  to  issue  an  attachment  for  such 
witness,  and  compel  such  witness  to  attend  before  the  commissioners, 
and  give  his  testimony  upon  such  matters  as  shall  be  lawfully  required 
by  such  commissioners;  and  the  said  court  shall  have  the  power  to 
punish  for  contempt,  as  in  other  cases  of  refusal  to  obey  the  process  and 
order  of  such  court. 

The  fees  of  witnesses  shall  be  the  same  as  in  the  courts  of  record 
and  shall  be  paid  out  of  the  appropriation  hereinafter  made. 

And  upon  order  duly  entered  of  record  by  the  said  commission  any 
one  or  more  members  of  the  said  commission  shall  be  empowered  to 
take  testimony  touching  the  matters  within  the  jurisdiction  of  the  said 
commission  and  report  the  same  to  the  said  commission. 

Said  commission  shall  have  power  and  are  authorized  to  adopt  a 
seal  and  to  make  such  rules  not  inconsistent  with  or  contrary  to  law  for 
the  government  of  proceedings  before  it,  as  it  may  deem  proper  and  shall 
have  the  same  power  to  enforce  such  rules  and  to  preserve  order  and 
decorum  in  its  presence  as  is  vested  by  the  common  law  or  statute  of  this 
State  in  any  court  of  general  jurisdiction. 

§  3.  Said  commission  shall  meet  at  the  State  Capitol  building  in 
Springfield  on  the  second  Tuesday  after  notice  of  their  appointment  and 
shall  immediately  elect  a  chairman  and  secretary  from  among  their 
number,  one  of  whom  shall  be  a  coal  mine  owner  and  the  other  a  coal 
miner.  Said  commission  shall  cause  a  record  to  be  kept  of  all  its 
proceedings. 

Five  members  of  the  said  commission  shall  constitute  a  quorum  for 
the  transaction  of  business,  but  a  less  number  than  a  quorum  may 
adjourn  the  meetings  of  the  commission  from  time  to  time. 

Meetings  of  the  said  commission  other  than  called  meetings,  as 
provided  for  herein,  may  be  held  at  such  times  and  places  within  the 
State  of  Illinois  as  may  be  fixed  by  the  said  commission. 

A  meeting  of  the  said  commission  shall  be  held  upon  the  written 
request  of  any  three  members  of  the  said  commission  signed  by  them 
and  delivered  to  the  secretary,  who  shall,  upon  receipt  of  such  request, 
notify  ^each  member  of  said  commission  by  mail  of  such  meeting  so  to 
be  held,  and  the  time  and  place  thereof.  And  no  such  meeting  shall 
be  held  less  than  five  days  after  the  mailing  of  notice  of  the  said  meeting 
to  the  members  of  said  commission  by  the  secretary. 

Such  called  meeting  shall  be  held  either  in  Springfield  or  Chicago. 

§  4.  Said  commission  shall  report  to  the  Governor  and  to  the 
General  Assembly  at  its  next  regular  session,  submitting,  so  far  as  they 


51 


have  unanimously  agreed,  a  proposed  provision  of  coal  mining  laws  of 
the  State,  together  with  such  other  recommendations  as  to  the  commis¬ 
sion  shall  seem  fit  and  proper  relating  to  coal  mining  in  the  State 
of  Illinois. 

And  where  there  is  not  unanimous  agreement  upon  any  recom¬ 
mendation,  there  shall  be  submitted  in  like  manner  separate  reports 
embodying  the  recommendations  of  any  one  or  more  members  of  the  said 
commission,  which  said  reports  shall  each  set  forth  in  detail  the  recom¬ 
mendation  of  the  commissioner  or  commissioners  signing  said  report  and 
shall  embody  his  or  their  respective  reasons  for  such  recommendation 
and  his  or  their  objection  to  the  report  of  other  members  of  the  com¬ 
mission. 

The  duties  and  functions  of  said  commission  shall  cease  and  the 
terms  of  office  of  the  respective  commissioners  shall  terminate  upon  the 
adjournment  of  the  Forty-ninth  General  Assembly. 

§  5.  The  members  of  said  commission  who  are  coal  mine  owners 
and  coal  miners,  as  aforesaid,  shall  receive  no  compensation  for  their 
services.  The  remaining  three  members  of  the  commission  shall  receive 
as  compensation  for  their  services  the  sum  of  $10  per  day  for  each  day 
actually  employed  by  them  as  such  commissioners.  All  members  of  the 
said  commission  shall  be  reimbursed  for  their  actual  expenses  incurred  in 
and  about  the  actual  work  of  said  commission. 

Said  commission  may  appoint  a  stenographer  or  clerk  and  such 
other  employees  as  are  necessary  and  shall  fix  their  compensation  and 
may  incur  such  other  expenses  as  are  properly  incidental  to  the  work  of 
the  commission. 

§  6.  The  sum  of  ten  thousand  dollars  ($10,000),  or  as  much 
thereof  as  may  be  necessary,  is  hereby  appropriated  for  the  postage, 
stationery,  clerical  and  expert  services,  and  incidental  traveling  expenses 
of  the  commission,  and  the  per  diem  of  members  as  herein  authorized, 
and  the  Auditor  of  Public  Accounts  is  hereby  authorized  to  draw  his 
warrant  for  the  foregoing  amount,  or  any  part  thereof,  in  payment  of 
any  expenses,  charges  or  disbursements  authorized  by  this  Act,  on  order 
of  this  commission,  signed  by  its  chairman,  attested  by  its  secretary, 
and  approved  by  the  Governor. 

The  State  Board  of  Contracts  is  hereby  authorized  and  directed  to 
provide  all  necessary  printing  for  the  Mining  Investigation  Commission, 
and  testimony  taken  by  it  shall  be  reported  in  full  and  may  be  published 
from  time  to  time  by  the  commission. 

Approved  June  21,  1913. 


Mines  AND  Mining — Act  of  1911  Eevised 

An  Act  to'  amend  sections  1,  '2,  3,  5,  6,  W,  11,  16,  IS,  19,  20  and  21 

of  an  Act  entitled,  ‘‘An  Act  to  revise  the  laws  in  relation  to  coal 
mines  and  subjects  relating  thereto,  and  'providing  for  the  health 
and  safet'y  of  persons  employed  therein f’  approved  June  6,  1911, 
in  force  July  1,  1911. 

Section  1.  Be  it  enacted  tty  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  sections  1,  2,  3,  5,  6,-10, 
11,  14,  16,  18,  19,  20  and  21  of  an  Act  entitled,  “An  Act  to  revise  the 


52 


laws  in  relation  to  coal  mines  and  subjects  relating  thereto,  and  pro¬ 
viding  for  the  health  and  safety  of  persons  employed  therein/^  approved 
June  6,  1911,  in  force  July  1,  1911,  be  and  the  same  are  hereby  amended 
so  as  to  read  as  follows : 

§  1.  (a)  That  the  Governor,  with  the  advice  and  consent  of  the 

Senate,  shall  appoint  a  State  Mining  Board,  which  shall  be  composed 
of  five  members,  two  of  whom  shall  be  practical  coal  miners,  one  a  prac¬ 
ticing  coal  mine  hoisting  engineer,  and  two  coal  operators. 

Powers  and  duties  of  board.]  (b)  Said  board  shall  be  author¬ 
ized,  empowered  and  required  to  make  formal  inquiry  into  and  pass 
upon  the  practical  and  technological  qualifications  and  personal  fitness 
of  men  seeking  appointment  as  State  inspectors  of  mines,  and  of  those 
seeking  certificates  of  competency  as  mine  managers,  as  hoisting 
engineers  and  as  mine  examiners.  Said  board  also  shall  have  such  other 
powers  and  duties  as  may  be  prescribed  by  the  provisions  of  this  Act, 
or  any  other  Act  relating  to  coal  mining.  Said  board  also  shall  control 
and  direct  the  State  mine  inspectors  hereinafter  provided  for,  in  the 
discharge  of  their  duties,  and  shall  have  the  power  and  shall  in  person 
and  through  the  State  mine  inspectors  see  that  all  the  provisions  of  the 
State  mining  law  are  enforced.  Said  board  also  shall  cause  to  be  col¬ 
lected  statistical  details  relating  to  coal  mining  in  the  State,  especially 
in  its  relations  to  the  vital,  sanitary,  commercial  and  industrial  con¬ 
ditions,  and  to  the  permanent  prosperity  of  said  industry;  and  said 
board  shall  cause  such  statistical  details  to  be  compiled  and  summarized 
as  a  report  of  said  State  Mining  Board,  to  be  known  as  the  annual  coal 
report. 

Date  and  term  of  appointment.]  (c)  Their  appointment  shall 
date  from  July  1,  1911,  and  they  shall  serve  for  a  term  of  two  years,  or 
until  their  successors  are  appointed  and  qualified.  They  shall  also  be 
sworn  to  a  faithful  performance  of  their  duties.  One  of  the  coal  oper¬ 
ators  member  of  said  board  shall  be  elected  as  president,  and  one  of  the 
coal  miners  member  of  said  board  shall  be  elected  as  secretary.  The 
board  may  appoint  a  chief  clerk  and  may  employ  such  other  persons  as 
may  be  necessary  for  the  proper  discharge  of  its  powers  and  duties ;  all 
of  whom  shall  perform  such  duties  as  may  be  prescribed  by  the  board 
from  time  to  time,  and  the  board  may  from  time  to  time  also  prescribe 
standing  and  other  rules  for  the  control  and  direction  of  its  officers  and 
employees  and  of  the  State  mine  inspectors. 

Supplies  furnished  by  secretary  of  state.]  (d)  The  Secre¬ 
tary  of  State  shall  assign  to  the  use  of  the  board  suitably  furnished 
rooms  in  the  State  House,  and  shall  also  furnish  whatever  blanks,  blank 
books,  printing,  stationery,  instruments  and  supplies  the  board  may 
require  in  the  discharge  of  its  duties,  and  for  the  use  of  State  mine 
inspectors. 

Frequency  of  meetings.]  (e)  The  board  shall  hold  such  meet¬ 
ings  from  time  to  time  as  may  he  necessary  for  the  proper  discharge  of 
its  duties.  The  board  shall  meet  at  the  Capitol  on  the  second  Tuesday 
in  September  of  the  year  1911,  and  annually  thereafter,  for  the  examina¬ 
tion  of  candidates  for  appointment  as  State  inspectors  of  mines.  Special 
examinations  also  may  be  held  MTencver  for  any  reason  it  may  become 
necessary  to  appoint  one  or  more  inspectors. 


53 


For  the  examination  of  persons  seeking  certificates  of  competency 
as  mine  managers,  hoisting  engineers  and  mine  examiners,  the  board 
shall  hold  meetings  at  such  times  and  places  within  the  State  as  shall, 
in  the  judgment  of  the  members,  afford  the  best  facilities  to  the  greatest  ^ 
number  of  candidates.  ' 

Public  notice  shall  be  given  through  the  press  or  otherwise,  not  less 
than  ten  days  in  advance,  announcing  the  time  and  place  at  which  any 
examinations  under  this  section  are  to  be  held. 

Pules  of  procedure.]  (f)  The  examination  herein  provided  for 
shall  be  conducted  under  rules,  conditions  and  regulations  prescribed  by 
the  board.  Such  rules  shall  be  made  a  part  of  the  permanent  record  of 
tlie  board,  and  such  of  them  as  relate  to  candidates  shall  be,  upon  appli¬ 
cation  of  any  candidate,  furnished  to  him  by  the  board;  they  shall  also 
be  of  uniform  application  to  all  candidates. 

Compensation  of  members — salary  of  chief  clerk.]  (g)  The 
members  of  the  State  Mining  Board  shall  receive  as  compensation  for 
their  services  the  sum  of  five  dollars  ($5)  each  per  day  for  a  term  not 
exceeding  one  hundred  (100)  days  in  any  one  year,  and  whatever  sums 
are  necessary  to  reimburse  them  for  such  actual  and  necessary  traveling 
expenses  as  may  be  incurred  in  the  discharge  of  their  duties. 

The  salary  of  the  chief  clerk  shall  be  $2,000  per  annum,  and  he 
shall  be  reimbursed  for  any  amounts  expended  for  actual  and  necessary 
traveling  expenses  in  the  discharge  of  his  duties. 

All  salaries  and  expenses  of  the  board  and  of  its  employees  shall 
be  paid  upon  vouchers  duly  sworn  to  by  each  and  approved  by  the 
president  of  the  board,  or  in  his  absence  by  the  acting  president,  and  by 
the  Governor,  and  the  Auditor  of  Public  Accounts  is  hereby  authorized 
to  draw  his  warrants  on  the  State  treasury  for  the  amounts  thus  shown 
to  be  due,  payable  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

§  2.  Credentials.]  (a)  An  applicant  for  any  certificate  herein 
provided  for,  before  being  examined,  shall  register  his  name  with  the 
State  Mining  Board  and  file  wfith  the  board  the  credentials  required  by 
this  Act,  to  wit :  An  affidavit  as  to  all  matters  of  fact  establishing  his 
right  to  receive  the  examination,  and  a  certificate  of  good  character  and 
temperate  habits,  signed  by  at  least  ten  residents  of  the  community  in 
which  he  resides. 

Examinations  for  inspectors.]  (b)  Persons  applying  to  the 
State  Mining  Board  as  candidates  for  appointment  as  State  inspectors 
of  mines  must  produce  evidence  satisfactory  to  the  board  that  they  are 
citizens  of  this  State,  at  least  thirty  years  of  age,  that  they  have  had  a 
practical  mining  experience  of  ten  years,  and  that  they  are  men  of  good 
repute  and  temperate  habits ;  they  must  pass  an  examination  as  to  their 
practical  and  technological  knowledge  of  mine  surveying  and  mining 
machinery  and  appliances,  of  the  proper  development  and  operation  of 
coal  mines,  of  ventilation  in  mines,  of  the  nature  and  properties  of  mine 
gases,  of  first  aid  to  injured,  of  mine  rescue  methods  and  appliances,  of 
the  geology  of  the  coal  measures  in  this  State,  and  of  the  laws  of  this 
State  relating  to  coal  mines. 

Names  certified  to  the  governor.]  (c)  At  the  close  of  each 
examination  for  inspectors  the  board  shall  certify  to  the  Governor  the 


54 


names  of  all  candidates  who  have  received  a  rating  above  the  minimum 
fixed  by  the  rules  of  the  board  as  being  persons  properly  qualified  for 
the  position  of  inspector. 

Examinations  for  mine  manager.]  (d)  Persons  applying  to 
the  board  for  certificates  of  competency  as  mine  managers  must  produce 
evidence  satisfactory  to  the  board  that  they  are  citizens  of  the  United 
States,  at  least  t\venty-four  years  of  age,  that  they  have  had  at  least  four 
years^  practical  mining  experience,  and  that  they  are  men  of  good 
repute  and  temperate  habits ;  they  must  also  pass  such  examination  as 
to  their  experience  in  mines  and  in  the  management  of  men,  their  know¬ 
ledge  of  mine  machinery  and  appliances,  the  use  of  surveying  and  other 
instruments  used  in  mining,  the  properties  of  mine  gases,  the  principles 
of  ventilation,  of  first  aid  to  injured,  of  mine  rescue  methods  and 
appliances,  and  the  legal  duties  and  responsibilities  of  mine  managers, 
as  shall  be  prescribed  by  the  rules  of  the  board. 

For  mine  managers,  second  class.]  (d)  Persons  coming  before 
the  board  for  certificates  of  competency  as  mine  managers,  second  class, 
must  produce  evidence  satisfactory  to  the  board  that  they  are  citizens 
of  the  United  States,  at  least  twenty-four  years  of  age,  that  they  have 
had  at  least  four  years^  practical  mining  experience,  and  that  they  are 
men  of  good  repute  and  temperate  habits.  They  must  also  submit  to 
and  satisfactorily  pass  such  an  examination  as  to  their  experience  in 
mines  and  in  the  management  of  men,  their  knowledge  of  coal  mining, 
mine  ventilation  and  the  mining  laws  of  this  State  and  the  required 
duties  and  responsibilities  of  second  class  mine  managers,  as  shall  be 
prescribed  by  the  rules  of  the  board,  and  it  shall  be  unlawful  to  employ 
second  class  mine  managers,  for  them  to  serve  in  that  capacity  at  mines 
employing  more  than  ten  men. 

Examinations  for  mine  examiners.]  (e)  Persons  applying  to 
the  board  for  certificates  of  competency  as  mine  examiners,  must  produce 
evidence  satisfactory  to  the  board  that  they  are  citizens  of  the  United 
States,  at  least  twenty-one  years  of  age,  and  of  good  repute  and  tem¬ 
perate  habits,  and  that  they  have  had  at  least  four  years^  practical 
mining  experience.  They  must  pass  an  examination  as  to  their 
experience  in  mines  generating  dangerous  gases,  their  practical  and 
technological  knowledge  of  the  nature  and  properties  of  fire-damp,  the 
laws  of  ventilation,  the  structure  and  uses  of  safety  lamps,  and  the  laws 
of  this  State  relating  to  safeguards  against  fires  from  any  source  in 
mines.  They  shall  also  possess  a  knowledge  of  first  aid  to  injured  and 
of  mine  resane  methods,  and  shall  hold  a  certificate  from  any  national 
or  State  commission  or  bureau  or  other  recognized  agency. 

Examinations  for  hoisting  engineers.]  (f)  Persons  applying 
to  the  board  for  certificates  of  competency  as  hoisting  engineers  must 
produce  evidence  satisfactory  to  the  board  that  they  are  citizens  of  the 
United  States,  at  least  twenty-one  years  of  age,  that  they  have  had  at 
least  two  years’  experience  as  firemen  or  engineers  of  a  hoisting  plant, 
and  are  of  good  repute  and  temperate  habits.  They  must  pass  an 
examination  as  to  their  experience  in  handling  hoisting  machinery,  and 
as  to  their  practical  and  technological  knowledge  of  the  construction, 
cleaning  and  care  of  steam  boilers,  the  care  and  adjustment  of  hoisting 
engines,  the  management  and  deficiency  of  pumps,  ropes  and  winding 


00 


apparatus,  and  as  to  their  knowledge  of  the  laws  of  this  State  in  relation 
to  signals  and  the  hoisting  and  lowering  of  men  at  mines. 

Examination  papers  preserved.]  (g)  There  shall  be  a  written 
and  an  oral  examination  of  applicants  as  may  be  prescribed  by  the  rules 
of  the  board;  and  all  written  examination  papers  and  all  other  papers 
of  applicants  shall  be  kept  on  tile  by  the  board  for  not  less  than  one 
year,  during  Avhich  time  any  applicant  shall  have  the  right  to  inspect  his 
said  papers  at  all  reasonable  times;  and  any  applicant  shall  be  entitled 
to  certified  copy  of  any  or  all  of  his  said  papers  upon  payment  of  a 
reasonable  copy  fee  therefor. 

§  3.  Certificates  issued  by  the  board.]  (a)  The  certificates 
provided  for  in  this  Act  shall  be  issued  under  the  signature  and  seal  of 
the  State  Mining  Board,  to  all  those  who  receive  a  rating  above  the 
minimum  fixed  by  the  rules  of  the  board ;  such  certificates  shall  contain 
the  full  name,  age  and  place  of  birth  of  the  recipient  and  the  length  and 
nature  of  his  previous  service  in  or  about  coal  mines. 

Eecord  to  be  preserved.]  (b)  The  board  shall  make  and  pre¬ 
serve  a  record  of  the  names  and  addresses  of  all  persons  to  whom 
certificates  are  issued. 

Effect  of  certificates.]  (c)  The  certificates  provided  for  in 
this  Act  shall  entitle  the  holders  thereof  to  accept  and  discharge  at  any 
mine  in  this  State,  the  duties  for  which  they  are  declared  qualified. 

Unlawful  to  employ  other  than  certificated  mine  man¬ 
agers.]  (d)  It  shall  be  unlawful  for  the  operator  of  any  coal  mine  to 
have  in  his  service  as  mine  manager  at  his  mine,  any  person  who  does 
not  hold  a  certificate  of  competency  issued  by  the  State  Mining  Board  of 
this  State :  Provided,  that  whenever  any  exigency  arises  by  which  it  is 
impossible  for  any  operator  to  secure  the  immediate  services  of  a  certifi¬ 
cated  mine  manager,  he  may  place  any  trustworthy  and  experienced  man 
of  the  mine  inspection  district  in  charge  of  his  mine  to  act  as  temporary 
mine  manager  for  a  period  not  exceeding  seven  days,  and  with  the 
approval  of  the  State  Inspector  of  the  district,  for  a  further  period  not 
exceeding  twenty-three  days. 

Unlawful  to  employ  other  than  certificated  mine  ex¬ 
aminers.]  (e)  It  shall  be  unlawful  for  the  operator  of  any  mine  to 
have  in  his  service  as  mine  examiner  any  persons  who  does  not  hold  a 
certificate  of  competency  issued  by  the  State  Mining  Board :  Provided, 
•that  any  one  holding  a  mine  manager’s  certificate  may  serve  as  mine 
examiner;  but  in  any  mine  employing  more  than  twenty-five  (25)  men, 
the  mine  manager  shall  not  act  in  the  capacity  of  mine  examiner  while 
acting  as  mine  manager:  And,  provided,  whenever  an  exigency  arises 
by  which  it  is  impossible  for  any  operator  to  secure  the  immediate 
sendees  of  a  certificated  examiner,  he  may  employ  any  trustworthy  and 
experienced  man  of  the  mine  inspection  district  to  act  as  temporary 
mine  examiner  for  a  period  not  exceeding  seven  days,  and  with  the 
approval  of  the  State  Inspector  of  the  district,  for  a  further  period  not 
exceeding  twenty-three  days. 

Unlawful  to  employ  other  than  certificated  hoisting 
ENGINEER.]  (f)  It  shall  be  unlawful  for  the  operator  of  any  mine  to 
permit  any  person  who  does  not  hold  a  certificate  of  competency  as 


56 


hoisting  engineer  issued  by  the  State  Mining  Board,  to  hoist  or  lower 
men,  or  to  have  charge  of  the  hoisting  engine  when  men  are  underground. 

Temporary  employment  of  uncertificated  persons  not  ex¬ 
tended.]  (g)  The  employment  of  persons  who  do  not  hold  certificates 
as  mine  managers  and  mine  examiners,  shall  in  no  case  exceed  the  limit 
of  time  specified  herein,  and  the  State  Inspector  shall  not  approve  of  the 
employment  of  such  persons  beyond  the  twenty-three  day  limit. 

Eemovel  of  inspectors.]  (h)  Upon  a  petition  signed  by  not 
less  than  three  coal  operators,  or  ten  coal  miners,  setting  forth  that  any 
State  inspector  of  mines  neglects  his  duties,  or  that  he  is  incompetent, 
or  that  he  is  guilty  of  malfeasance  in  office,  or  guilty  of  any  act  tending 
to  the  unlawful  injury  of  miners  or  operators  of  mines,  it  shall  be  the 
duty  of  the  State  Mining  Board  to  issue  a  citation  to  the  said  inspector 
to  appear  before  it  within  a  period  of  fifteen  days  on  a  day  fixed  for 
said  hearing,  when  the  said  board  shall  investigate  the  allegations  of  the 
petitioners ;  and  if  the  said  board  shall  find  that  the  said  inspector  is 
neglectful  of  his  duty,  or  is  incompetent,  or  that  he  is  guilty  of  mal¬ 
feasance  in  office,  or  guilty  of  any  act  tending  to  the  injury  of  miners 
or  operators  of  mines,  the  said  board  shall  declare  the  office  of  said 
inspector  vacant,  and  a  properly  qualified  person  shall  be  duly  appointed, 
in  the  manner  provided  for  in  this  Act,  to  fill  said  vacancy. 

Cancellation  of  certificates.]  (i)  The  certificate  of  any  mine 
manager,  hoisting  engineer  or  mine  examiner,  may  be  canceled  and 
revoked  by  the  State  Mining  Board  upon  notice  and  hearing  as  herein¬ 
after  provided,  if  it  shall  be  established  in  the  judgment  of  said  board 
that  the  holder  thereof  has  become  unworthy  to  hold  said  certificate  by 
reason  of  violation  of  the  law,  intemperate  habits,  incapacity,  abuse  of 
authority  or  for  any  other  cause :  Provided,  that  any  person  against 
whom  charges  or  complaints  are  made  hereunder  shall  have  the  right  to 
annear  before- said  board  and  defend  against  said  charges,  and  he  shall 
have  fifteen  days’  notice  in  writing  of  such  charge  previous  to  such 
hearing :  Provided  further,  that  the  board  in  its  discretion  may  suspend 
the  certificate  of  any  person  charged  as  aforesaid,  pending  said  hearing, 
but  said  hearing  shall  not  be  unreasonably  deferred. 

§  5.  Inspectors  appointed.]  (a)  From  the  names  certified  by 
the  State  Mining  Board,  the  Governor  shall  select  and  appoint  twelve 
State  mine  inspectors ;  that  is  to  say,  one  inspector  for  each  of  the 
twelve  inspection  districts  provided  for  in  this  Act;  or  more,  if,  in  the 
future,  additional  inspection  districts  shall  be  created,  and  their  com¬ 
missions  shall  be  for  a  term  of  two  years  from  July  1 :  Provided,  the 
term  of  any  State  Mine  Inspector  in  office  July  1,  1911,  shall  be  extended 
to  October  1,  1911 :  And,  provided,  any  State  inspector  in  actual 
service  and  good  standing  and  who  has  passed  one  examination  under 
this  Act  may  be  reappointed  for  the  next  ensuing  term,  without  further 
certification,  but  shall  not  be  so  reappointed  more  than  three  times : 
Provided,  further,  no  man  shall  be  eligible  for  appointment  as  a  State 
inspector  of  mines  who  has  any  pecuniary  interest  in  any  coal  mine  in 
Illinois. 

(b)  The  county  board  of  supervisors,  or  of  commissioners  in 
counties  not  under  township  organization,  of  any  county  in  which  coal 
is  produced,  upon  the  written  request  of  the  State  Inspector  of  Mines 


57 


for  the  district  in  which  said  county  is  located,  shall  appoint  a  county 
inspector  of  mines  as  assistant  to  such  State  inspector,  but  no  person 
shall  be  eligible  for  appointment  as  county  inspector  who  does  not  hold 
a  State  certificate  of  competency  as  mine  manager,  and  the  compensation 
of  such  county  inspector  shall  be  fixed  by  the  county  board  at  not  less 
than  three  dollars  per  day,  to  be  paid  out  of  the  county  treasury. 

The  State  inspector  may  authorize  any  county  inspector  in  his 
district  to  assume  and  discharge  all  the  duties  and  exercise  all  the  powers 
of  a  State  Inspector  in  the  county  for  which  he  is  appointed,  in  the 
absence  of  the  State  inspector;  but  such  authority  must  be  conferred 
in  writing  and  the  county  inspector  must  produce  the  same  as  evidence 
of  his  powers  upon  the  demand  of  any  person  affected  by  his  acts;  and 
the  bond  of  said  State  Inspector  shall  be  holden  for  the  faithful  per¬ 
formance  of  the  duties  of  such  assistant  inspector. 

Bond.]  (c)  State  inspectors,  before  entering  upon  their  duties 
as  such  must  take  an  oath  of  office,  as  provided  for  by  the  Constitution, 
and  enter  into  a  bond  to  the  State  in  the  sum  of  five  thousand  dollars 
($5,000)  for  State  mine  inspectors,  with  sureties  to  be  approved  by  the 
Governor,  conditioned  upon  the  faithful  performance  of  their  duties  in 
every  particular,  as  required  by  this  Act.  Said  bonds,  with  the  approval 
of  the  Governor  endorsed  thereon,  together  with  the  oath  of  office,  shall 
be  deposited  with  the  Secretary  of  State. 

Instruments.]  (d)  The  State  Mining  Board  shall  furnish  to 
■  each  of  said  State  inspectors  an  anemometer,  a  safety-lamp  and  such 
other  instruments  and  such  blanks,  blank-books,  stationery,  printing 
and  supplies  as  may  be  required  by  said  inspectors  in  the  discharge  of 
their  official  duties.  Said  instruments  and  supplies  shall  be  paid  for 
on  bills  of  particulars  certified  by  the  proper  officers  of  the  board  and 
approved  by  the  Governor  ;and  the  Auditor  of  Public  Accounts  shall 
draw  his  warrants  on  the  State  treasury  for  the  amounts  thus  shown  to 
be  due,  payable  out  of  any  money  in  the  treasury  not  otherwise  appro¬ 
priated. 

Examination  of  mines.]  (e)  State  inspectors  shall  devote  their 
whole  time  and  attention  to  the  duties  of  their  respective  offices.  State 
inspectors  shall  make  a  personal  examination  at  least  once  in  every  six 
months,  or  oftener  if  fiecessary,  of  each  mine  in  their  district  i?i  ivliich 
ten  or  more  men  a're  employed.  The  State  Mining  Board  also  may 
require  State  inspectors  personally  to  examine  any  or  all  other  mines  in 
their  respective  districts.  Every  mine  in  the  State  shall  be  examined 
at  least  once  in  every  six  months  by  either  a  State  or  county  mine 
inspector. 

Scope  of  examination.]  (f)  Every  State  inspector  in  the 
regular  inspection  of  mines  shall  measure  with  an  anemometer  and 
determine  the  amount  of  air  passing  in  the  last  cross-cut  in  each  pair 
of  entries  in  pillar  and  room  mines,  or  in  the  last  room  of  each  division 
in  long  wall  mines.  He  shall  also  measure  with  an  anemometer  and 
determine  the  amount  of  air  passing  at  the  inlet  and  outlet  of  the 
mines;  and  he  shall  compare  all  such  air  measurements  with  the  last 
report  of  the  mine  examiner  and  the  mine  manager  upon  the  mine 
examination  book  of  the  mine.  He  must  observe  that  the  legal  code  of 


58 


signals  between  the  engineer  and  top  man  and  bottom  man  is  established 
and  conspicuously  posted  for  the  information  of  all  employees. 

State  inspectors  also  shall  require  that  every  necessary  precaution 
be  taken  to  insure  the  health  and  safety  of  the  workmen  employed  in 
the  mines,  and  that  the  provisions  and  requirements  of  all  the  mining 
laws  of  this  State  are  obeyed. 

State  inspectors  shall  render  written  reports  of  mine  inspections 
made  by  them  to  the  State  Mining  Board  in  such  form  and  manner  as 
shall  be  required  by  the  board.  State  inspectors  shall  take  prompt  action 
for  the  enforcement  of  the  penalties  provided  for  violation  of  the 
mining  laws. 

Authority  to  enter.]  (g)  It  shall  be  lawful  for  State  inspectors 
to  enter,  examine  and  inspect  any  and  all  coal  mines  and  the  machinery 
belonging  thereto,  at  all  reasonable  times,  by  day  or  by  night,  but  so  as 
not  to  unreasonably  obstruct  or  hinder  the  working  of  such  coal  mine, 
and  the  operator  of  every  such  coal  mine  is  hereby  required  to  furnish 
all  necescsary  facilities  for  making  such  examination  and  inspection. 

Procedure  in  case  of  objection.]  (h)  If  any  operator  shall 
refuse  to  permit  such  inspection  or  to  furnish  the  necessary  facilities 
for  making  such  examination  and  inspection,  the  inspector  shall  file  his 
affidavit,  setting  forth  such  refusal,  with  the  judge  of  the  the  Circuit 
Court  in  said  county  in  which  said  mine  is  situated,  either  in  term  time 
or  vacation,  or,  in  the  absence  of  said  judge,  with  a  master  in  chancery 
in  said  county  in  which  said  mine  is  situated,  and  obtain  an  order  on 
such  owner,  agent  or  operator  so  refusing  as  aforesaid,  commanding  him 
to  permit  and  furnish  such  necessary  facilities  for  the  inspection  of  such 
coal  mine,  or  to  be  adjudged  to  stand  in  contempt  of  court  and  punished 
accordingly. 

XoTiCES  TO  BE  POSTED.]  (i)  The  State  inspector  shall  post  in 
some  conspicuous  place  at  the  top  of  each  mine  inspected  by  him,  a  plain 
statement  showing  what  in  his  judgment  is  necessary  for  the  better 
protection  of  the  lives  and  health  of  persons  employed  in  such  mine;  such 
statement  shall  give  the  date  of  inspection  and  be  signed  by  the 
inspector.  He  shall  post  a  notice  at  the  landing  used  by  the  men, 
stating  what  number  of  men  will  be  permitted  to  ride  on  the  cage  at 
one  time  and  the  rate  of  speed  at  which  men  may  be  hoisted  and  lowered 
on  the  cages. 

Sealer  of  weights.]  (j)  State  inspectors  are  hereby  made 
ex  officio  sealer  of  weights  and  measures  in  their  respective  district,  and 
as  such  are  empowered  to  test  all  scales  used  to  weigh  coal  at  coal  mines. 
Upon  the  written  request  of  any  mine  owner  or  operator,  or  of  ten  coal 
miners  employed  at  any  one  mine,  it  shall  be  the  duty  of  the  inspector 
to  test  any  scale  or  scales  at  such  mine  against  which  complaint  is 
directed,  and  if  he  shall  find  that  they  or  any  of  them  do  not  weigh 
correctly,  he  shall  call  the  attention  of  the  mine  owner  or  operator  to 
the  fact,  and  direct  that  said  scale  or  scales  be  at  once  overhauled  and 
readjusted  so  as  to  indicate  only  true  and  exact  weights,  and  he  shall 
forbid  the  further  operation  of  such  mine  until  such  scales  are  adjusted. 
In  the  event  that  such  tests  shall  conflict  with  any  test  made  by  any 


59 


county  sealer  of  weights,  or  under  and  by  virtue  of  any  municipal 
ordinance  or  regulation,  then  the  test  of  such  mine  inspector  shall 
prevail. 

Test  weights.]  (k)  For  the  purpose  of  carrying  out  the  pro¬ 
visions  of  this  x4ct,  each  State  inspector  shall  be  furnished  by  the  State 
with  a  complete  set  of  standard  weights  suitable  for  testing  the  accuracy 
of  tract  (track)  scales  and  of  all  smaller  scales  at  mines,  said  test 
weights  to  be  paid  for  on  bills  of  particulars,  certified  by  the  Secretary 
of  State  and  approved  by  the  Governor.  Such  test  weights  shall  remain 
in  the  custody  of  the  inspector  for  use  at  any  point  within  his  district, 
and  for  any  amounts  expended  by  him  for  the  storage,  transportation  or 
handling  of  the  same,  he  shall  be  fully  reimbursed  upon  making  entry 
of  the  proper  items  in  his  expense  voucher. 

Inspectoes"  annual  eepokts.]  (1)  Each  State  Inspector  of 
Mines  shall,  within  sixty  days  after  June  30  of  each  year,  prepare  and 
forward  to  the  State  Mining  Board  a  formal  report  of  his  acts  during 
the  year  in  the  discharge  of  his  duties,  with  any  recommendations  as  to 
legislation  he  may  deem  necessary  on  the  subject  of  mining,  and  shall 
collect  and  tabulate  upon  blanks  furnished  by  said  board  all  desired 
statistics  of  mines  and  miners  within  his  district  to  accompany  said 
annual  report. 

Eeports  to  be  published.]  (m)  On  the  receipt  of  said 
inspectors’  reports  the  chief  clerk  of  the  State  Mining  Board  shall  com¬ 
pile  and  summarize  the  same,  to  be  included  in  the  report  of  said  board, 
to  be  known  as  the  annual  coal  report,  which  shall,  within  four  months 
thereafter,  be  bound,  printed  and  transmitted  to  the  Governor  for  the 
information  of  the  General  Assembly  and  the  public.  The  printing  and 
binding  of  said  reports  shall  be  provided  for  by  the  Commissioners  of 
State  Contracts  in  like  manner  and  in  like  numbers  as  they  provide  for 
the  publication  of  other  official  reports  to  the  Governor. 

Eepoets  by  operator.]  (n)  Every  coal  operator  shall,  within 
thirty  days  after  June  30  of  each  year,  furnish  to  the  State  Mine 
Inspector  of  the  district,  on  blanks  furnished  by  him  prior  to  said  June 
30,  statistics  of  the  wages  and  conditions  of  their  employees  as  required 
by  law.  The  failure  of  any  inspector  to  forward  to  the  State  Mining 
Board  his  formal  report,  as  provided  in  paragraph  one  (1)  hereof,  or 
the  failure  of  any  coal  operator  to  furnish  to  the  State  Mine  Inspector 
of  the  district  of  statistics  provided  for  herein,  shall  be  adjudged  a  mis¬ 
demeanor  and  be  subject  to  a  fine  of  $100. 

§  6.  Pay  of  inspectors.]  Each  State  Inspector  of  Mines  shall 
receive  as  compensation  for  his  services  the  sum  of  $1,800  per  annum, 
and  for  traveling  and  other  necessary  expenses  each  shall  receive  the 
sum  actually  expended  for  that  purpose  in  tire  discharge  of  his  official 
duties:  Provided,  such  expenses  shall  not  exceed  one  hundred  dollars 
per  calendar  month  for  each  State  Inspector  of  Mines,  both  salary  and 
expenses  to  be  paid  monthly  by  the  State  Treasurer,  on  warrants  of  tlie 
Auditor  of  Public  Accounts,  from  the  funds  in  the  treasury  not  other¬ 
wise  appropriated;  said  expense  vouchers  shall  show  the  items  of  expeudi- 
tures  in  detail,  with  sub-vouchers  for  the  same  so  far  as  it  is  practicable 
to  obtain  them.  Said  vouchers  shall  be  sworn  to  by  the  inspector  and 


60 


be  approved  by  the  president  of  the  State  Mining  Board  and  the 
Governor. 

§  10.  Gates  at  landings.]  (a)  The  upper  and  lower  landing 
at  the  top  of  each  shaft;,  and  the  opening  of  each  intermediate  seam  from 
or  to  the  shaft,  shall  be  kept  clear  and  free  from  loose  materials,  and 
shall  be  protected  with  automatic  or  other  gates,  such  gates  to  he  of  good, 
serviceable  construction  for  the  purpose  for  which  they  are  designed, 
namely,  to  prevent  either  men  or  materials  from  falling  into  the  shaft. 
At  the  top  landing  cage  supports,  where  necessary,  must  be  carefully  set 
and  adjusted  so  as  to  securely  hold  the  cage  when  at  rest. 

Lights  on  landings.]  (b)  Whenever  the  hoisting  or  lowering 
of  men  occurs  before  daylight  or  after  dark,  or  when  the  landing  at 
which  men  take  or  leave  the  cage  is  at  all  obscured  by  steam  or  other¬ 
wise,  there  must  always  be  maintained  at  such  landing  a  light  sufficient 
to  show  the  landing  and  surounding  objects  distinctly.  Likewise,  as  long 
as  there  are  men  underground  in  any  mine  the  operator  shall  maintain 
a  good  and  sufficient  light  at  the  bottom  of  the  shaft  thereof,  so  that 
persons  coming  to  the  bottom  may  clearly  discern  the  cage  and  objects 
in  the  vicinity. 

Hoisting  equipment.]  (c)  Every  shaft  in  which  men  are  hoisted 
and  lowered  must  be  equipped  with  a  cage,  or  cages,  fitted  to  guide-rails 
running  from  the  top  to  the  bottom.  Said  cages  must  be  safely  con¬ 
structed;  they  must  be  furnished  with  sheet-metal  covers  adequate  to 
protect  persons  riding  thereon  from  falling  objects;  they  must  be 
equipped  with  safety  catches.  Every  cage  on  which  persons  are  carried 
must  be  fitted  with  iron  bars  or  rings  in  proper  place  and  sufficient 
number  to  furnish  a  secure  hand-hold  for  every  person  permitted  to 
ride  thereon.  There  shall  be  attached  to  every  cage  on  which  men  are, 
or  may  be,  hoisted  or  lowered,  a  horn  or  other  device  with  which  signals 
can  be  given  on  the  cage.  Hoisting  ropes  when  socheted  at  the  cage  ^hall 
he  cut  off  and  resocketed  at  least  once  each  six  months  and  a  notice  shall 
he  posted  in  the  engine  room  giving  the  date  when  the  rope  was  installed 
and  when  resocketed. 

(d)  In  connection  with  every  hoisting  engine  used  for  hoisting 
or  lowering  of  men  there  shall  be  provided  as  follows: 

Brake  on  drum.]  (1)  A  good  and  sufficient  brake  on  the  drum, 
so  adjuted  that  it  may  be  operated  by  the  engineer  without  leaving  his 
post  at  the  levers. 

Flanges.]  (2)  Flanges  attached  to  the  sides  of  the  drum,  with  a 
distance  when  the  whole  rope  is  wound  on  the  drum  of  not  less  than  4 
inches  between  the  outer  layer  of  rope  and  the  greatest  diameter  of  the 
flange. 

Eope  fastenings.]  (3)  One  end  of  each  hoisting  rope  shall  be 
well  secured  on  the  drum,  and  at  least  three  laps  of  the  same  shall  remain 
on  the  drum  when  the  cage  is  at  rest  at  the  lowest  caging  place  in  the 
shaft. 

The  lower  end  of  each  rope  shall  be  securely  fastened  to  the  cage  by 
suitable  sockets  and  chains. 

Indicator.]  (4)  An  index  dial  or  indicator  that  plainly  shows 
the  engineer  at  all  times  the  true  position  of  the  cages  in  the  shaft. 


61 


Signals.]  (e)  At  every  mine  where  men  are  hoisted  and  lowered 
by  machinery  there  shall  be  provided  means  of  signaling  to  and  from 
the  bottom  man,  the  top  man  and  the  engineer.  The  signal  system  shall 
consist  of  a  tube,  or  tubes,  or  wire  encased  in  wood  or  iron  pipes,  through 
which  signals  shall  be  communicated  by  electricity,  compressed  air  or 
other  pneumatic  devices,  or  by  ringing  a  bell.  When  compressed  air 
or  other  pneumatic  devices  are  used  for  signaling,  provision  must  be 
made  to  prevent  signal  from  repeating  or  reversing.  The  following 
signals  shall  be  used  at  mines  where  signals  are  required : 

From  the  bottom  to  the  top:  One  ring  or  whistle  shall  signify  to 
hoist  coal  or  the  empty  cage,  and  also  to  stop  either  when  in  motion. 

Two  rings  or  whistles  shall  signify  to  lower  cage. 

Three  rings  or  whistles  shall  signify  that  men  are  coming  up  or  going 
down;  when  return  signal  is  received  from  the  engineer  the  men  shall 
get  on  the  cage  and  the  proper  signal  to  hoist  or  lower  shall  be  given. 

Four  rings  or  whistles  shall  signify  to  hoist  slowly,  implying  danger. 

Five  rings  or  whistles  shall  signify  accident  in  the  mine  and  a  call 
for  a  stretcher. 

Six  rings  or  whistles  shall  signify  hold  cage  perfectly  still  until 
signaled  otherwise. 

From  top  to  bottom,  one  ring  or  whistle  shall  signify :  All  ready, 
get  on  cage. 

Two  rings  or  vdiistles  shall  signify :  Send  away  empty  cage. 

Provided,  that  the  operator  of  any  mine  may,  with  the  consent  of 
the  inspector,  add  to  this  code  of  signals  in  his  discretion.  The  code  of 
signals  in  use  at  any  mine  shall  be  conspicuously  posted  at  the  top  and 
at  the  bottom  of  the  shaft,  and  in  the  engine  room  at  some  point  in 
front  of  the  engineer  when  standing  at  his  post. 

Gauges.]  (f)  Every  boiler  shall  be  provided  with  a  glass  water 
gauge  and  not  less  than  three  try  cocks  and  also  a  steam  gauge,  except 
that  where  two  or  more  boilers  are  equipped  with  a  steam  drum  properly 
connected  with  the  boilers  to  indicate  the  steam  pressure  and  without 
any  valves  between  said  boilers  and  the  steam  drum,  the  steam  gauge 
may  be  placed  in  said  steam  drum ;  and  other  steam  gauge  shall  be 
attached  to  the  steam  pipe  in  the  engine  house,  each  to  be  placed  in  such 
a  position  that  the  engineer  and  the  fireman  can  readily  see  what  pres¬ 
sure  is  being  carried.  Such  steam  gauges  shall  be  kept  in  good  order 
and  adjusted  and  be  tested  as  often,  at  least,  as  every  six  months. 

Safety  valves.]  (g)  Every  boiler  shall  be  provided  with  a  safety 
valve  with  weights  or  springs  properly  adjusted,  except  that  where  two 
or  more  boilers  are  equipped  with  a  steam  drum  properly  connected 
with  the  boilers  to  indicate  the  steam  pressure  and  without  any  valves 
between  said  boilers  and  the  steam  drum,  the  safety  valve  may  be  placed 
in  said  steam  drum. 

Inspection  of  boilers.]  (h)  All  boilers  used  in  generating 
steam  in  and  about  coal  mines  or  sinking  shafts  shall  be  kept  in  good 
order,  and  the  operator  of  every  coal  mine  where  steam  boilers  are  in 
use  shall  have  said  boilers  thoroughly  examined  and  inspected  by  a 
competent  boilermaker  or  other  qualified  person,  not  an  employee  of  said 
operator,  as  often  as  once  in  every  six  months,  and  oftener  if  the  mine 


62 


inspector  shall  so  require  in  writing,  and  the  result  of  every  such  inspec¬ 
tion  shall  be  reported  on  suitable  blanks  to  said  mine  inspector. 

Run-around  at  bottom.]  (i)  At  every  underground  landing 
where  men  enter  or  leave  the  cage  and  where  men  must  pass  from  one 
side  of  the  cage  to  the  other  there  shall  be  a  safe  passageway,  free  from 
obstruction  and  dry  as  possible,  around  the  shaft  not  less  than  three 
feet  wide  for  the  use  of  men  only;  aud  animals  or  cars  shall  not  be  taken 
through  such  passageway  while  men  are  passing  or  desirous  of  passing 
through  such  passageway. 

Refuge  place  on  shaft  bottom.)  (j)  A  refuge  place  or  places 
for  men  coming  out  at  the  close  of  the  day^s  work  shall  be  provided  off 
the  main  bottom  of  cageroom  in  shaft  mines,  at  a  place  or  places  and  of 
such  size  as  shall  be  approved  by  the  State  Mine  Inspector.  Such  place 
or  places  shall  be  not  more  than  400  feet  from  the  shaft,  where  men  are 
hoisted,  and  shall  he  Jcept  free  from  loose  material.  When  leaving  such 
refuge  places  to  be  hoisted  out,  the  men  shall  be  governed  by  the  rules 
of  the  mine. 

Obstructions  in  shaft.]  (k)  No  accumulation  of  ice  or  obstruc¬ 
tions  of  any  kind  shall  be  permitted  in  any  shaft  in  which  men  are 
hoisted  or  lowered ;  nor  shall  any  dangerous  gases  or  steam  be  discharged 
into  said  shaft  in  such  quantities  or  at  such  times  as  to  interfere  with 
the  safe  passage  of  men.  All  surface  or  other  water  which  flows  therein 
shall  be  conducted  by  rings  or  otherwise  to  receptacles  provided  for  the 
same  in  such  manner  as  to  prevent  water  from  falling  upon  men  while 
passing  into  or  out  of  the  mine  or  while  in  the  discharge  of  their  duties 
about  the  shaft  bottom. 

Inspection.]  (1)  All  shafts  by  which  men  enter  or  leave  the 
mine,  and  the  passageways  leading  thereto,  or  to  the  works  of  a  con¬ 
tiguous  mine  used  as  an  escapement  shaft  shall  be  carefully  examined  at 
least  once  each  week  that  the  mine  is  operating  and  the  date  and  findings 
of  such  an  examination  entered  promptly  in  the  books  kept  at  the  mine 
for  that  purpose.  If  obstructions  to  the  free  passage  of  men  are  found, 
their  location  and  nature  shall  be  stated  in  said  report.  Such  obstruc¬ 
tions  shall  be  promptly  removed. 

§  11.  Buildings  on  the  surface.]  (a)  After  the  passage  of 
this  Act,  all  buildings  and  structures  erected  over  a  shaft,  slope  or  drift 
mouth,  and  within  one  hundred  (100)  feet  of  the  same  shall  he  of  metal, 
rock,  clay,  cement,  clay  or  cement  products,  or  a  comhination  of  the 
same.  All  fan  houses,  tops  of  air  and  escape  shafts  and  fan  drifts  shall 
also  he  constructed  of  the  above  mentioned  materials  or  a  combination 
thereof.  In  connection  with  above  construction^  tuood  may  he  used  only 
for  floors,  windows,  doors,  or  the  frames  for  the  same:  Provided,  that 
this  paragraph  shall  not  apply  to  mines  employing  ten  (10)  men  or  less. 

Oil  and  other  explosives.]  (b)  No  oils  or  similarly  inflainmable 
materials  shall  be  stored  within  100  feet  of  any  hoisting  or  escapement 
shaft,  nor  in  any  mine. 

All  lubricating  oil  used  in  coal  mines  shall  be  contained  in  closed 
receptacles.  In  the  mine,  oil  shall  not  be  heated  over  a  fire  or  lamp. 

All  explosive  materials  shall  be  stored  in  a  fireproof  magazine 
located  on  the  surface  not  less  than  500  feet  from  all  other  buildings  in 


63 


connection  with  the  mine^  and  such  magazine  shall  be  so  placed  as  not 
to  jeopardize  the  free  and  safe  exit  of  men  from  the  mine  in  case  of  an 
explosion  at  the  magazine. 

Engine  and  boiler-house.]  (c)  Any  building  erected  after  the 
passage  of  this  Act,  for  the  purpose  of  housing  the  hoisting  engine  or 
boilers  at  any  mine,  shall  be  substantially  fireproof,  and  no  boiler-house 
shall  be  nearer  than  sixty  feet  to  the  main  shaft  or  other  opening,  or  to 
any  buildiiig  or  inflammable  structure  connecting  therewith. 

§  14.  Ventilation.]  (a)  At  every  coal  mine  there  shall  be 
provided,  supplied  and  maintained  an  amount  of  air  which  shall  not  be 
less  than  100  cubic  feet  per  minute  for  each  person,  and  not  less  than 
500  cubic  feet  per  minute  for  each  animal  in  the  mine,  measured  at  the 
foot  of  the  downcast  and  of  the  upcast;  except  that  in  gaseous  mines 
there  shall  be  not  less  than  150  cubic  feet  of  air  per  minute  for  each 
person  in  the  mine.  The  inspector  shall  have  power  by  order  in  writing 
to  require  these  quantities  to  be  increased. 

(b)  The  main  current  of  air  shall  be  so  split  or  subdivided  as  to 
give  a  separate  current  of  reasonable  pure  air  to  every  100  men  at  work, 
and  the  inspector  shall  have  authority  to  order,  in  writing,  separate 
currents  for  smaller  groups  of  men,  if,  in  his  judgment,  special  con¬ 
ditions  render  it  necessar}^ 

(c)  Doors,  curtains  or  brattices  shall  be  placed  at  such  places  as 
may  be  designated  by  the  mine  manager,  subject  to  the  approval  of  the 
State  inspector,  to  conduct  into  the  working  places  an  amount  of  air 
sufficient  to  render  the  working  places  reasonably  free  from  deleterious 
air  of  every  kind. 

(d)  Away  from  the  pillar  for  the  mine  bottom,  crosscuts  between 
entries  shall  be  made  not  more  than  sixty  feet  apart  without  permission 
of  the  State  inspector  of  the  district  and  then  only  in  case  of  ^Taults.’^ 
When  such  consent  is  given,  brattice  or  other  means  must  be  provided 
within  sixty  feet  of  the  face  to  convey  the  air  to  the  working  place  until 
a  cross-cut  is  opened  up. 

When  undercut  or  sheared,  the  entry,  cross-cut  and  room-neck  may 
be  advanced  concurrently,  but  not  more  than  one  cutting  shall  be  shot  in 
the  room-neck  until  the  cross-cut  is  finished  ;  and  after  the  entry  has 
advanced  fifteen  feet  beyond  the  location  of  the  new  cross-cut,  only  one 
shot  shall  be  fired  in  the  entry  to  two  in  either  or  both  the  cross-cut  and 
room-neck  at  the  same  shooting  time. 

When  not  undercut  or  sheared,  the  entry  and  cross-cut  may  bo 
advanced  concurrently,  but  no  room  shall  be  opened  in  advance  of  the 
last  open  cross-cut,  and  after  the  entry  has  advanced  fifteen  feet  beyond 
the  location  of  a  new  cross-cut  only  one  shot  shall  be  fired  in  the  entry 
to  two  in  the  cross-cut  at  the  same  shooting  time. 

Not  more  than  three  shots  shall  be  exploded  at  one  shooting  time 
ahead  of  the  last  open  cross-cut. 

(e)  After  the  taking  effect  of  this  Act,  the  first  cross-cut  between 
all  rooms  off  any  entry  shall  not  be  more  than  sixty  (60)  feet  from  the 
rib  of  the  entry.  Additional  cross-cuts  shall  not  be  more  than  sixty  (60) 
feet  apart. 

(f)  All  cross-cuts  connecting  inlet  and  outlet  air  courses,  except 
the  last  one  nearest  the  face,  shall  be  closed  with  substantial  stoppings 


(>4 


to  be  made  as  nearly  air-tight  as  possible.  In  the  making  of  the  air¬ 
tight  partitions  or  stoppings,  no  loose  material  or  refuse  shall  be  used. 

Cross-cuts  between  rooms,  except  the  one  nearest  the  face,  shall  be 
closed  sufficiently  to  carry  to  the  working  places  the  amount  of  air 
required  by  law. 

(g)  All  possible  care  and  diligence  shall  be  exercised  in  the 
examination  of  working  places,  especially  for  the  investigation  and  detec¬ 
tion  of  explosive  gases  therein,  and  where  found,  such  gas  shall  be 
removed  by  a  special  current  of  air  produced  by  bratticing  or  from  a 
pipe,  before  men  are  permitted  to  work  in  such  places  with  other  lights 
than  safety  lamps. 

(h)  If,  in  any  mine,  the  conditions  are  such  that  in  the  judgment 
of  the  mine  manager  or  the  judgment  of  the  State  Mine  inspector 
expressed  in  writing,  it  is  necessary  to  use  safety  lamps  only  in  Avorking 
said  mine,  other  lights  shall  not  be  used  therein. 

(i)  The  air  from  the  outlet  of  the  stable  shall  not  pass  into  the 
intake  air  current  used  for  ventilating  the  Avorking  parts  of  the  mine. 

(j)  All  doors  in  mines,  used  in  guiding  and  directing  the  venti¬ 
lating  currents  shall  be  hung  and  adjusted  so  as  to  close  automatically. 

(k)  At  all  doors  through  AAffiich  three  or  more  drivers  are  hauling 
coal  on  any  one  shift,  an  attendant  shall  be  employed  on  said  shaft 
(shift)  for  the  purpose  of  opening  and  closing  said  doors  Avhen  trips 
of  cars  are  passing  to  and  from  the  Avorkings :  Provided,  the  mine 
inspector  in  case  of  specially  dangerous  conditions,  shall  have  poAver  to 
require  in  Avriting  that  an  attendant  be  placed  at  doors  through  AAdiich 
less  than  three  drivers  pass.  Places  for  shelter  shall  be  provided  at  such 
doorAvays  to  protect  the  attendants  from  being  injured  by  the  cars  while 
attending  to  their  duties :  Provided,  that  in  any  or  all  mines,  Avhere 
doors  are  constructed  in  such  a  manner  as  to  open  and  close  auto¬ 
matically,  attendants  and  places  for  shelter  shall  not  be  required. 

(l)  If  the  inspector  shall  find  men  Avorking  Avithout  the  amount 
of  air  required  by  laAv,  he  shall  at  once  notify  the  mine  manager  to 
increase  the  amount  of  air  in  accordance  with  the  laAv.  Upon  the  failure 
or  refusal  of  the  manager  to  act  promptly,  and  in  all  cases  Avhere  men 
are  endangered  by  such  lack  of  air,  the  inspector  shall  at  once  order  the 
men  affected  out  of  the  mine. 

(m)  In  case  the  passageAvays,  roadAvays  or  entries  of  any  mine  are 
so  dry  that  the  air  becomes  charged  Avith  dust,  the  operator  of  such 
mine  must  have  such  roadways  regularly  and  thoroughly  sprayed, 
sprinkled  or  cleaned. 

(n)  At  all  mines  employing  over  100  men  underground,  and  in 
all  mines  generating  fire  damp,  the  ventilating  fan  shall  be  run  both 
day  and  night;  at  all  mines  employing  less  than  100  men  underground, 
the  fan  shall  be  run  at  its  usual  speed  for  six  hours  before  men  go  into 
the  mine  to  work.  A  recording  pressure  gauge  shall  be  maintained  in 
connection  Avith  each  fan  at  all  mines.  Provided,  nothing  in  this  clause 
shall  apply  to  mines  employing  ten  men  or  less. 

§  16.  Cars.]  (a)  When  there  is  *an  open  hook  coupling  on 
either  end  of  the  car,  the  hook  and  links  must  be  attached  so  that  Avhen 
hanging  doAAm,  the  coupling  will  be  clear  of  the  ties  and  rails. 


65 


Mine  cars  in  use  when  this  Act  shall  become  in  force  and  effect 
shall.be  made  to  comply  with  this  provision  within  one  year  thereafter. 

(b)  In  mines  opened  after  the  passage  of  this  Act,  all  mine  cars 
shall  be  equipped  with  a  bumper  or  bumpers  on  each  end,  which  shall 
project  from  beyond  the  end  of  the  car  not  less  than  four  inches  in 
length.  This  shall  not  be  held  to  apply  to  mines  employing  ten  men 
or  less. 

§  18.  Oil  standards.]  All  illuminating  oils  or  other  illuminants 
used  in  coal  mines  shall  conform  to  such  specifications  as  shall  be 
prescribed  by  the  State  Mining  Board. 

Brands  of  oil.]  (b)  All  oils  sold  or  offered  for  sale  to  be  used 
for  illuminating  purposes  in  coal  mines  shall  be  stamped  or  branded 
upon  the  original  barrel  or  package  in  which  said  oil  is  furnished  to 
the  person,  firm  or  corporation  selling  or  furnishing  such  oil  to  show 
that  such  oil  has  been  tested  and  found  to  conform  to  the  specifications 
prescribed  by  the  State  Mining  Board. 

Penalty.]  (c)  Any  person,  firm  or  corporation,  either  by  them¬ 
selves,  agents  or  employees,  selling  or  offering  to  sell  for  illuminating 
purposes  in  any ‘mine  in  this  State  any  oil  not  complying  with  the 
specifications  of  the  State  Mining  Board  as  suitable  for  illuminating 
purposes  as  contemplated  in  this  Act,  shall  be  deemed  guilty  of  a  mis¬ 
demeanor,  and,  upon  conviction  thereof,  shall  be  fined  not  less  than 
twenty-five  dollars,  nor  more  than  one  hundred  dollars  for  each  offense; 
and  any  mine  owner  or  operator  or  employee  of  such  owner  or  operator 
who  shall  knowingly  use,  or  any  mine  operator  who  shall  knowingly 
permit  to  be  used,  for  illuminating  purposes  in  any  mine  in  this  State 
any  oil,  the  use  of  which  is  forbidden  by  this  Act,  shall  be  guilty  of  a 
misdemeanor,  and  shall  be  fined  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars. 

Sampling  and  testing.]  (d)  The  State  mine  inspectors  shall 
have  authority  to  sample  all  oil  used  for  illuminating  purposes  in  the 
mines  of  this  State,  or  kept  on  hand  for  use  or  for  sale  at  such  mines, 
and  for  such  purpose  they  may  enter  upon  the  premises  of  any  person. 
It  shall  be  their  duty  to  send  to  the  State  Mining  Board  to  be  tested  a 
sample  of  any  oil  they  have  reason  to  suspect  does  not  comply  with  the 
specifications  of  the  State  Mining  Board  in  regard  to  illuminating  oil 
for  use  in  mines;  and  if  the  said  sample  of  oil  is  found  after  suitable 
tests  not  to  comply  with  the  provisions  of  this  Act,  the  person  using 
said  oil  or  selling  or  offering  the  same  for  sale,  shall  be  prosecuted  in 
accordance  with  the  provisions  of  this  Act. 

§  19.  Amount  of  pow^der  kept  in  mine.]  (a)  No  blasting 
powder,  or  other  explosives,  shall  be  stored  in  any  coal  mine,  and  no 
workman  shall  have  at  any  time  in  the  mine  more  than  thirty-five 
pounds  of  black  powder  nor  more  than  twenty-five  pounds  of  permissible 
explosives,  nor  more  than  three  pounds  of  other  high  explosives :  Pro¬ 
vided,  that  nothing  in  this  section  shall  be  construed  to  prevent  the 
operator  of  any  mine  from  taking  into  the  mine,  when  miners  are  not 
therein,  and  in  electrically  equipped  mines,  while  the  current  is  turned 
off  on  roadways  through  which  it  is  transported,  a  sufficient  quantity 


— 5  L  L 


66 


of  powder  for  the  reasonable  requirements  of  such  mine  for  the  next 
succeeding  working  day.  The  delivery  of  powder  into  coal  mines  shall 
be  during  the  interval  after  the  shot  tirers  have  come  out  of  the  mine 
and  prior  to  the  entry  of  the  day  shift  into  the  mine  in  the  morning; 
but  in  the  iterim  before  such  powder  is  delivered  to  the  men,  it  shall 
be  kept  in  a  closed  receptacle. 

Explosives  shall  not  be  carried  in  the  same  car  with  tools  or  other 
materials. 

Pla€e  and  manner  of  keeping  in  the  mine.]  (b)  Every 
person  who  has  powder  or  other  explosives  in  a  mine  shall,  keep  the 
same  in  a  wooden  box  securely  locked,  with  hinged  lid,  and  said  box 
shall  be  kept  as  far  as  practicable  from  the  track;  and  all  powder  boxes 
shall  be  kept  as  far  as  practicable  from  each  other  and  each  in  a 
scheduled  place.  Black  powder  and  high  explosives  or  caps  shall  not 
be  kept  in  the  same  box.  Detonating  explosives  and  detonators  shall  not 
be  kept  in  the  same  box. 

Manner  of  handling.]  (c)  Whenever  a  workman  is  about  to 
open  a  box  or  keg  containing  powder  or  other  explosive,  and  while 
handling  the  same,  he  shall  place  and  keep  his  lamp  at  least  five  feet 
distant  from  said  explosive,  and  in  such  position  that  the  air  current 
can  not  convey  sparks  to  it,  and  no  person  shall  approach  nearer  than 
five  feet  to  an  open  box  containing  an  open  keg  of  powder  or  other 
explosive  with  a  lighted  lamp,  lighted  pipe  or  other  thing  containing 
fire.  No  miner,  workman  or  other  person  shall  open  any  receptacle 
containing  an  explosive  except  by  the  means  of  opening  the  same  pro¬ 
vided  by  the  manufacturer  thereof,  and  it  shall  be  unlawful  for  any 
person  to  have  in  his  possession  in  any  mine  any  receptacle  containing 
explosives  which  has  been  opened  in  violation  of  this  Act. 

Quality  of  powder  in  one  charge.]  (d)  The  quantity  of 
powder  to  be  used  in  the  preparation  of  shots  shall  not,  in  any  case, 
exceed  five  standard  chargers  full  of  powder  in  coal  seams  five  and  one- 
half  feet  or  over  in  thickness.;  and  shall  not,  in  any  case,  exceed  four 
standard  chargers  full  of  powder  in  coal  seams  under  five  and  one-half 
feet  in  thickness. 

Standard  charger.]  (e)  For  the  purpose  of  determining  the 
quantity  of  powder  to  be  used  in  the  preparation  of  any  given  shot,  a 
standard  charger  is  defined  and  prescribed  to  be  a  cylindrical  metallic 
charger  not  to  exceed  twelve  inches  in  length  and  not  to  exceed  one 
and  one-half  inches  in  diameter. 

Dead  holes.]  (f)  No  person  shall  drill  or  shoot  a  dead  hole  as 
hereinafter  defined.  A  ^Mead  hole’’  is  a  hole  where  the  width  of  the 
shot  at  the  point  measured  at  right  angles  to  the  line  of  the  hole  is  so 
great  that  the  heel  is  not  of  sufficient  strength  to  at  least  balance  the 
resistance  at  the  point.  The  heel  means  that  part  of  the  shot  which  lies 
outside  of  the  powder. 

In  solid  shooting,  the  width  of  the  shot  at  the  point,  in  seams  of 
coal  six  feet  or  less  in  height,  shall  not  be  greater  than  the  height  of  the 
coal,  and  in  seams  of  coal  more  than  six  feet  in  thickness,  the  width  of 
the  shot  at  the  point  shall,  in  no  case,  be  more  than  six  feet. 

In  undercut  coal,  no  hole  shall  be  drilled  ^ffin  the  solid”  for  any 
part  of  its  length. 


67 


Mixed  shots.]  (g)  In  no  case  shall  more  than  one  kind  of 
explosive  be  used  in  the  same  drill  hole. 

Copper  tools.]  (h)  The  needle  used  in  preparing  a  blast  shall 
be  made  of  copper,  and  any  metallic  tamping-bar  or  scraper  which  is 
used  for  placing  explosives  for  shots  shall  be  tipped  with  at  least  five 
inches  of  copper.  A  scraper  shall  not  be  used  for  tamping. 

Tamping.]  (i)  Every  blasting  hole  shall  be  tamped  full  from  the 
explosive  to  the  mouth  of  the  hole,  and  no  coal  dust  or  any  material 
that  is  inflammable  or  that  may  create  a  spark,  whether  the  same  shall 
be  wet  or  dry,  shall  be  used  for  tamping. 

Use  of  squibs.]  (j)  When  a  squib  is  used  to  fire  a  shot  it  shall 
be  unlawful  to  shorten  or  oil  the  match  of  the  squib  or  to  ignite  it 
except  at  the  end. 

Warning  before  firing.]  (k)  Before  firing  a  shot,  the  person 
firing  the  same  shall  see  that  all  persons  are  out  of  danger  from  the 
probable  effects  of  such  shot,  and  shall  take  measures  to  prevent  any  one 
approaching  by  shouting  ^^fire’^  before  lighting  the  same. 

Not  more  than  one  shot  at  a  time.]  (1)  Not  more  than  one 
shot  shall  be  lighted  at  the  same  time  in  any  working  place  unless  the 
firing  is  done  by  electricity  or  by  fuses  of  such  length  that  the  interval 
between  the  explosions  of  any  two  shots  shall  be  not  less  than  one 
minute,  and  in  no  case  shall  any  shot  or  shots  be  fired  or  lighted  which 
are  termed  depending  or  dependent  shots,  until  after  the  expiration  of 
ten  minutes  from  the  successful  firing  of  the  relieving  shot  or  shots. 
When  successive  shots  are  to  be  fired  in  any  working  place  in  which  the 
roof  is  broken  or  faulty,  the  smoke  shall  be  allowed  to  clear  away  and 
the  roof -examined  and  made  secure  between  shots. 

Missed  shots.]  (m)  No  person  shall  return  to  a  missed  shot,  if 
lighted  with  a  squib,  until  five  (5)  minutes  have  elapsed  from  the  time 
of  lighting  the  same,  or,  if  lighted  with  fuse,  until  the  following  day ; 
and  no  person  shall  return  to  a  missed  shot  when  the  firing  is  done  by 
electricity  unless  the  wires  are  disconnected  from  the  battery. 

(n)  No  missed  shot  shall  be  withdrawn  excepting  by  the  use  of 
copper-tipped  or  wooden  tools. 

§  20.  (a)  It  shall  be  the  duty  of  the  mine  manager: 

1.  To  visit  each  working  place  in  the  mine  at  least  once  in 
two  weeks. 

2.  To  provide  a  suitable  checking  system  whereby  the  entrance  and 
departure  from  the  mine  of  each  employee  shall  be  indicated. 

3.  To  have  the  underground  workings  of  the  mine  examined  by  a 
certificated  mine  examiner  within  eight  hours  preceding  every  day  upon 
which  the  mine  is  to  be  operated.  Such  a  mine  examiner  shall  make 
the  examination  as  provided  in  this  Act,  and  he  shall  enter  his  report 
thereof  with  indelible  pencil  or  ink  in  a  well  bound  or  properly  protected 
loose  leaf  book  provided  for  that  purpose,  before  the  men  are  permitted 
to  enter  the  mine  in  the  morning.  This  book  shall  be  kept  in  some  con¬ 
venient  place  on  top,  but  not  in  the  engine  room,  for  the  information  of 
the  inspector  and  other  persons  interested  therein. 

4.  To  examine  the  mine  examiner^s  report  in  the  morning,  and  if 
the  working  places  are  reported  dangerous,  he  shall  withhold  the 
entrance  checks  of  men  working  in  such  plaices  until  he  has  taken  every 


68 


proper  precaution  to  advise  such  men  of  the  danger  and  instructed  them 
not  to  work  in  such  places  until  the  reported  danger  has  been  removed, 
except  for  the  purpose  of  removing  same. 

5.  When  there  is  to  be  a  night  shift  mining  coal,  the  mine  man¬ 
ager  shall  require  the  places  in  which  such  night  shift  are  expected  to 
work  to  be  examined  for  gas,  or  falls  or  dangerous  roof,  by  the  person 
in  charge  of  such  night  shift  or  some  competent  person  duly  authorized 
by  him  before  the  men  enter  such  places  for  work.  The  night  shift  may 
go  into  the  mine  while  the  night  examiner  is  in  the  mine,  excepting  in 
mines  where  marsh  gas  has  been  detected  in  dangerous  quantities,  pro¬ 
vided  they  do  not  go  into  the  working  places  until  the  required  examina¬ 
tion  is  made. 

Certificated  mine  examiners  shall  not  be  required  for  the  examina¬ 
tion  peceding  the  night  shift,  excepting  in  mines  where  marsh  gas  is 
detected  in  dangerous  quantities.  The  night  examiner,  or  examiners, 
shall  make  a  record  of  their  examination  in  a  special  book  kept  for  that 
purpose,  which  shall  be  kept  in  some  convenient  place  on  top  when  not 
in  use  by  the  examiner. 

6.  He  shall  provide  a  sufficient  number  of  props,  caps  and  timbers, 
when  demanded,  delivered  on  the  miners^  cars  at  the  usual  ^  place,  in 
suitable  lengths  and  dimensions  for  the  securing  of  the  roof  by  the 
miners. 

7.  He  shall  see  that  the  cross-cuts  are  made  at  proper  distances 
apart,  and  that  the  necessary  doors,  curtains,  and  brattices  are  provided 
to  secure  the  men  in  the  mine  the  volume  of  aid  required  by  this  Act, 
or  by  the  written  demands  of  the  mine  inspector ;  also,  that  all  stoppings 
along  air-ways  are  properly  and  promptly  built. 

8.  He  shall  keep  careful  watch  over  all  ventilating  apparatus,  and 
the  air  currents  in  the  mine,  and  in  case  of  accident  to  fan  or  machinery 
by  which  the  air  currents  are  stopped  or  materially  obstructed,  he  shall 
at  once  order  the  withdrawal  of  the  men  from  the  mine  and  prohibit 
their  return  until  the  required  ventilation  has  been  re-established. 

9.  He  shall  measure  the  air  current  or  cause  the  same  to  be 
measured  at  least  once  each  week  at  the  inlet  and  outlet,  and  shall  keep 
a  record  of  such  measurements  for  the  information  of  the  mine  inspector. 

10.  He  or  his  assistants  shall,  at  least  once  a  week,  examine  the 
roadways  leading  to  the  escapement  shaft  or  other  openings  for  the 
safe  exit  of  men  to  the  surface ;  and  shall  make  a  record  of  any  obstruc¬ 
tions  or  other  unsafe  conditions  existing  therein,  and  cause  the  same  to 
be  promptly  removed. 

11.  He  shall  examine  or  designate  a  competent  person  to  examine 
the  hoisting  ropes,  cages  and  safety  catches  every  morning,  and  shall 
require  the  ropes  to  be  tested  by  hoisting  the  cages  before  the  men  are 
lowered. 

12.  He  must  see  that  the  top  man  and  bottom  man  are  on  duty 
and  that  sufficient  lights  are  maintained  at  the  top  and  bottom  landings 
when  the  miners  are  being  hoisted  and  lowered. 

13.  The  mine  manager  or  his  assistant  shall  be  at  his  post  at  the 
mine  when  the  men  are  lowered  into  the  mine  in  the  morning  for  work, 
and  shall  remain  at  night  until  all  the  men  employed  during  the  day 
shall  have  been  hoisted  out. 


14.  He  shall  give  special  attention  to  and  instructions  concerning 
the  proper  storage  and  handling  of  explosives  in  the  mines. 

15.  He  shall  see  that  all  dusty  haulage  roads  are  regularly  and 
thoroughly  sprayed,  sprinkled  or  cleaned  at  regular  intervals  when  the 
health  and  safety  of  the  men  in  the  mines  demand. 

(b)  The  mine  manager  shall  have  power: 

1.  To  instruct  employees  as  to  their  respective  duties  and  to 
require  of  all  employees  obedience  to  the  provisions  of  the  mining  law. 

2.  To  prescribe  special  rules  concerning  the  proper  storage  and 
handling  of  explosives  in  the  mine  and  concerning  the  time  and  manner 
of  placing  and  discharging  the  blasting  shots,  and  it  shall  be  unlawful 
for  any  miner  to  fire  shots  except  according  to  such  rules. 

3.  In  mines  in  which  the  works  are  so  extensive  that  all  the  duties 
devolving  upon  the  mine  manager  cannot  be  discharged  by  one  man, 
competent  persons  may  be  designated  and  appointed  as  assistants  to 
the  mine  manager,  who  shall  exercise  his  functions  under  the  mine 
managers’  instruction. 

§  21.  Cektificated  mine  examiners.]  (a)  A  certificated  mine 
examiner  shall  be  required  at  all  coal  mines.  There  shall  be  one  or 
more  additional  certificated  mine  examiners  whenever  required  in 
writing  by  the  State  mine  inspectors  when  the  conditions  are  such  as 
to  make  the  employment  of  such  additional  mine  examiners  necessary. 

(b)  It  shall  be  the  duty  of  the  mine  examiner: 

1.  To  examine  the  underground  workings  of  the  mine  within  eight 
hours  preceding  every  day  upon  which  the  mine  is  to  be  operated. 

2.  When  in  the  performance  of  his  duties,  to  carry  with  him  a 
safety  lamp  in  proper  order  and  condition  and  a  rod  or  bar  for  sounding 
the  roof. 

3.  To  see  that  the  air  current  is  traveling  in  its  proper  course  and 
in  proper  quantity ;  and  to  measure  with  an  anemometer  the  amount 
of  air  passing  in  the  last  cross-cut  or  break-through  of  each  pair  of 
entries,  or  in  the  last  room  of  each  division  in  long-wall  mines,  and  at 
all  other  points  where  he  may  deem  it  necessary;  and  to  note  the  result 
of  such  measurements  in  the  mine  examiner’s  book  kept  for  that  purpose. 

4.  To  inspect  all  places  where  men  are  required  in  the  performance 
of  their  duties  to  pass  or  to  work,  and  to  observe  whether  there  are  any 
recent  falls  or  dangerous  roof  or  accumulations  of  gas  or  dangerous  con¬ 
ditions  in  rooms  or  roadways;  and  to  examine  especially  all  roadways 
leading  to  escapement  shafts  or  other  openings  for  the  safe  exit  of  men 
to  the  surface,  the  edges  and  accessible  parts  of  recent  falls  and  old 
gobs  and  air-courses. 

5.  As  evidence  of  his  examination  of  said  rooms  and  roadways,  to 
inscribe  in  some  suitable  place  on  the  walls  of  each,  not  on  the  face  of 
the  coal,  with  chalk,  the  month  and  the  day  of  the  month  of  his  visit. 

6.  When  working  places  are  discovered  in  which  there  are  recent 
falls  or  dangerous  roof  or  dangerous  conditions,  to  place  a  conspicuous 
mark  or  sign  thereat  as  notice  to  all  men  to  keep  out;  and  in  case  of 
accumulation  of  gas,  to  place  at  least  two  conspicuous  obstructions 
across  the  roadway  not  less  than  twenty  feet  apart,  one  of  which  sTall 
be  outside  the  last  open  cross-cut. 


70 


7.  Upon  completing  his  examination,  to  make  a  daily  record  of 
the  same  in  a  book  kept  for  that  purpose,  for  the  information  of  the 
company,  the  inspector  and  all  other  persons  interested;  and  this  record 
shall  be  made  each  morning  before  the  miners  are  permitted  to  enter 
the  mine. 

8.  To  take  into  his  possession  the  entrance  checks  of  all  men  whose 
working  places  have  been  shown  by  his  examination  and  record  to  be 
dangerous,  and  to  give  such  entrance  checks  to  the  mine  manager  before 
the  men  are  permitted  to  enter  the  mine  in  the  morning. 

Approved  June  27,  1913. 


Oil  Inspection — Oil  Inspectors 


1.  Amends  section  1,  Act  of  1874. 


§  1.  As  amended,  adds  provision  for  fees 
in  lieu  of  salary. 


(Senate  Bill  No.  349.  Approved  June  27, 1913.) 


An  Act  to  amend  section  1  of  an  Act  entitled,  '‘An  Act  to  revise  the 
laiv  in  relation  to  oil  mspection,''  approved  March  12,  187 Ji-,  in  force 
July  1,  1871f,  as  amended  by  an  Act  approved  May  29,  1911,  in  force 
July  1,  1911. 


Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  section  1  of  an  Act  entitled, 
^^An  Act  to  revise  the  law  in  relation  to  oil  inspection,’^  approved  March 
12,  1874,  in  force  July  1,  1874,  as  amended  by  an  Act  approved  May 
29,  1911,  in  force  July  1,  1911,  be  and  the  same  is  hereby  amended  so 
as  to  read  as  follows : 

§  1.  Appointment  of  inspectors — term  of  office — fees — 
SALARY.]  The  mayor  of  any  city,  with  the  approval  of  the  city  council, 
the  president  of  the  Board  of  Trustees  of  any  village  or  incorporated 
town,  with  the  approval  of  such  Board  of  Trustees,  may,  and  on  the 
petition  of  any  five  inhabitants  thereof,  shall,  appoint  one  or  more 
inspectors  for  the  inspection  of  coal  oil,  petroleum,  naptha,  gasoline, 
benzine,  and  other  mineral  oils  or  fluids,  fix  the  compensation  of  such 
inspectors  and  prescribe  the  fees  to  be  paid  by  those  for  whom  such 
inspectors  render  services.  The  county  judge  of  any  county  may 
appoint  such  inspectors  for  territory  not  within  city  limits,  village,  or 
incorporated  town,  fix  their  compensation  and  fees.  Every  such  inspector 
shall  hold  office  for  one  year,  and  until  his  successor  is  qualified,  and 
with  the  approval  of  the  power  appointing  him,  may  appoint  deputies, 
for  whom  he  shall  be  responsible,  who  shall  take  the  same  oath  and  be 
liable  to  the  same  penalties  as  the  inspector.  All  fees  collected  by  such 
inspector  or  deputy  shall  be  paid  by  him  into  the  county,  city,  village 
or  town  treasury  and  be  the  property  of  such  county,  city,  village  or 
town.  The  salary  of  such  inspector  shall  not  exceed  five  thousand  dollars 
($5,000)  per  year:  Provided,  that  an}^  city  having  a  population  of 
less  than  one  hundred  thousand  (100,000),  or  any  village  or  town  may 
by  ordinance  provide  that  such  inspector  or  deputy  shall  receive  in  lieu 
of  salary  the  fees  collected  by  him. 

Approved  June  27,  1913. 


n 


Relief — Cherry  Mine  Sufferers,  Balance  Unexpended 

Preamble.  §  2.  Hew  drawn. 

§  1.  Appropriates  $43,025.18.  §  3.  Emergency. 

(House  Bill  No.  669.  Approved  Jihste  20,  1913.) 

An  Act  making  an  appropriation  to  cover  the  unexpended  balance  of 
moneys  heretofore  appropriated  for  the  relief  of  the  suffering  and 
destitute  miners  and  the  families  and  dependents  of  miners  who 
lost  their  lives  in  the  mine  disaster  at  Cherry,  Illinois,  which  lapsed 
and  teas  covered  loach  into  the  State  treasury  toy  the  Board  of 
A  dministration. 

Whereas,  The  Forty-sixth  General  Assembly,  at  the  special  session 
thereof,  begun  and  held  on  the  14th  day  of  December,  a.d.  1909,  by  an 
Act  entitled,  ^^An  Act  making  an  appropriation  for  the  relief  of  the 

suffering  and  destitute  miners  at  Cherry,  Illinois,  and  the  families  and 

dependents  of  miners  who  lost  their  lives  in  the  mine  disaster  at  Cherry, 
Illinois,’’  approved  and  in  force  February  18,  1910,  appropriated  the 
sum  of  one  hundred  thousand  dollars  ($100,000)  for  the  relief  of  the 

suffering  and  destitute  miners  at  Cherry,  Illinois,  and  the  families  and 

dependents  of  miners  who  lost  their  lives  in  the  mine  disaster  at  Cherry, 
Illinois,  and  made  it  the  duty  of  the  Board  of  Administration  “to  distri¬ 
bute  the  money  herein  appropriated  to  the  persons  intended  to  be 
benefited  by  this  Act  and  to  use  said  money  for  the  benefit  of  the  persons 
intended  to  be  relieved  in  such  manner  as  in  its  judgment  will  best 
relieve  such  suffering  and  destitute  people and 

Whereas,  The  Board  of  Administration  immediately  entered  upon 
the  discharge  of  its  duties  under  said  Act,  and  disbursed  and  expended 
a  part  of  the  moneys  thereby  appropriated  for  the  relief  of  the  persons 
intended  to  be  benefited  by  said  appropriation;  and 

Whereas,  In  the  judgment  of  the  Board  of  Administration  the 
interests  of  the  beneficiaries  could  not  properly  be  subserved  by  paying 
out  all  of  the  one  hundred  thousand  dollars  ($100,000)  prior  to  Septem¬ 
ber  30,  1911,  but,  in  the  judgment  of  the  Board  of  Administration,  the 
interests  of  said  beneficiaries  would  be  better  subserved  by  tlie  payment 
to  such  beneficiaries  of  small  sums  in  periodical  payments;  and 

Whereas,  In  order  to  prevent  -the  unexpended  balance  of  said 
appropriation  lapsing  on  September  30,  1911,  the  Board  of  Administra¬ 
tion,  prior  to  September  30,  1911,  upon  requisition  signed  by  said  board 
and  attested  bv  its  seal,  authorized  the  Auditor  of  Public  Accounts  to 
issue  warrants  and  the  Treasurer  to  pay  such  warrants  for  the  unex¬ 
pended  balance  of  said  appropriation,  which  money  was  placed  under 
the  immediate  control  of  the  Board  of  Administration;  and 

’  Whereas,  The  receipts  and  disbursements  of  the  fund  placed  under 
the  immediate  control  of  the  Board  of  Administration  from  October 
1,  1911,  to  April  16,  1913,  inclusive,  and  the  cash  on  hand  remaining 
unexpended  at  the  close  of  the  period  has  been  as  follows : 


72 


Unexpended  balance  of  appropriation  drawn  from  State 
treasury  with  interest  accruing  to  and  including  Septem¬ 


ber  30,  1911 .  $42,292.27 

Interest  accruing  to  April  16,  1913 .  732.91 

Total . $43,025.18 


Expended  from  October  1,  1911,  to  April  16,  1913,  inclusive  35,199.00 


Balance  in  hands  of  Board  of  Administration  April  16,  1913  $  7,826.18 
and 

Whereas^  Since  September  30,  1911,  the  Board  of  Administration 
has  disbursed  on  account  of  the  beneficiaries,  the  sum  of  $35,199  in 
such  manner  as  in  its  judgment  best  relieved  such  suffering  and  destitute 
people;  and 

Whereas^  The  cost  of  administering  the  funds  paid  out  of  the 
$100,000  appropriation  has  only  been  $100  for  postage  and  $30  for 
premiums  on  an  official  bond,  which  is  approximately  only  fourteen 
hundredths  of  one  per  cent  of  the  total  amount  disbursed  to  said  bene¬ 
ficiaries;  and 

Whereas^  On  March  19,  1913,  the  Board  of  Administration  asked 
the  Attorney  General  of  the  State  of  Illinois  for  an  opinion  as  to 
whether  certain  accrued  interest  on  the  fund  taken  from  the  State 
treasury  and  placed  in  the  hands  of  the  Board  of  Administration  should 
be  paid  into  the  State  treasury  or  to  the  beneficiaries  under  said  Act ;  and 
Whereas,  On  March  24,  1913,  in  an  opinion  addressed  to  the  Board 
of  Administration,  the  Attorney  General  held  ‘That  the  unexpended  part 
of  the  appropriation  did  lapse  and  that  the  same,  together  with  the 
accrued  interest,  should  be  paid  into  the  State  treasury  and 

Whereas,  The  Attorney  General  suggested  “should  any  appropria¬ 
tion  still  be  necessarv  in  order  to  render  assistance  to  the  beneficiaries 
under  said  Act,  the  matter  may  very  properly  be  brought  to  the  attention 
of  the  Legislature,  which  has  power  to  act  in  the  matter;’^  and 

Whereas,  Installments  to  the  beneficiaries  have  heretofore  been 
paid  by  the  Board  of  Administration  every  two  w^eeks,  which  have  been 
principallv  used  for  food,  clothing  and  other  necessities  of  life,  and  un¬ 
less  remedial  legislation  is  immediately  enacted,  these  payments  will 
necessarily  cease;  and 

Whereas,  On  the  21st  day  of  April,  a.d.  1913,  the  Board  of  Ad¬ 
ministration,  acting  under  the  said  opinion  of  the  Attorney  General, 
caused  to  be  covered  into  the  State  treasury  the  sum  of  forty-three  thou¬ 
sand  twenty-five  and  18-100  dollars  ($43,025.18),  which  sum  includes 
the  amount  so  disbursed  by  the  Board  of  Administration  and  the  amount 
under  the  control  of  said  Board  of  Administration  and  not  disbursed, 
together  with  accrued  interest  thereon;  and 

Whereas,  An  appropriation  of  forty-three  thousand  twenty-five  and 
18-100  dollars  would  be  the  same  amount  as  was  covered  in  the  State 
treasury  on  the  21st  day  of  April,  a.d.  1913,  and  the  appropriation 
would  not  in  any  way  increase  the  taxes  of  the  people  of  the  State  of 
Illinois;  and 


73 


Whereas^  The  money  so  paid  out  to  the  beneficiaries  after  Septem¬ 
ber  30,  1911,  was  paid  out  in  good  faith;  now  therefore. 

Section  1.  B&  it  enacted  hy  the  People  of  the  State ^  of  Illinois, 
represented  in  the  General  Assembly:  That  the  sum  of  forty-three 
thousand  twenty-five  and  18-100  dollars  ($43,025.18)  be  and  the  same  is 
hereby  appropriated  for  the  reimbursement  of  the  Board  of  Administra¬ 
tion  for  the  sums  so  paid  out  by  it  under  said  appropriation  Act, 
approved  and  in  force  February  18,  1910,  balance  on  hand,  interest 
accrued  and  so  caused  to  be  covered  by  it  into  the  State  treasury  on  the 
21st  day  of  April,  a.d.  1913. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrants  for  the  sum  of  forty-three  thousand 
twenty-five  and  18-100  dollars  ($43,025.18),  payable  to  said  Board  of 
Administration  upon  requisitions  signed  by  said  board  and  attested  by 
its  seal  and  the  Treasurer  is  hereby  authorized  to  pay  same  out  of  any 
money  on  hand  not  otherwise  appropriated. 

§  3.  Whereas,  An  emergency  exists,  therefore  this  Act  shall  be 
in  force  and  effect  from  and  after  its  passage. 

Approved  June  20,  1913. 


Kelief — United  Mine  Workers  of  America,  District  No.  12, 

Moneys  Advanced 


§  1.  Appropriates  .13,355.14  for  moneys  advanced 
—items  named. 


§  2.  How  drawn. 


(House  Bill  No.  324.  Approved  June  23,  1913.) 


An  Act  to  make  an  appropriation  to  reimburse  the  United  Aline  Workers 

of  America,  District  Number  Twelve,  for  moneys  advanced  County 

Aliners'  Examining  Board  of  the  State  of  Illinois. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represetited  in  the  General  Assembly:  That  the  sum  of  three  thousand 
three  hundred  and  fifty-five  dollars,  fourteen  cents  ($3,355.14)  be  and 
the  same  is  hereby  appropriated  to  reimburse  the  United  Mine  Worker^ 
of  America,  District  Number  Twelve,  of  the  State  of  Illinois,  for  moneys 
advanced  as  follows: 

Christian  County,  $71.00;  Clinton  County,  $5,00;  Grundy  County, 
$277.23;  Henry  County,  $204.44;  Jackson  County,  $189.33;  Logan 
County,  $342.90;  McLean  County,  $162.00;  Macon  County,  $93.15; 
Marshall  County,  $33.58;  Menard  County,  $161.38;  Mercer  County, 
$165.82;  Peoria  County,  $272.45;  Scott  County,  $59.00;  Eandolph 
County,  $171.00;  Tazewell  County,  $654.83;  Washington  County, 
$118.50;  Woodford  County,  $247.53;  Will  County,  $126.00.  Total, 
$3,355.14. 

§  2.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  his  warrant  upon  the  State  Treasurer,  payable  to  the 
treasurer  of  the  United  Mine  Workers,  District  Number  Twelve,  for  the 
total  sum  herein  specified  upon  presentation  of  proper  receipted  hills  and 
vouchers  and  the  State  Treasurer  shall  pay  the  same  out  of  the  fuipds  in 
the  State  treasury  not  otherwise  appropriated. 

Approved  June  23,  1913. 


74 


ROADS  AXD  BRIDGES--REVISIOX  OF  1913 


Article  1.  Definitions. 

Article  2.  (§§  2-7).  State  Highway  Department. 

.\rticle  3.  (§  8.)  County  superintendents  of  high¬ 
ways. 

Article  4.  (§§  9-33).  State  aid. 

Article  5.  (§§  34-39).  Bridges  and  improvements 
constructed  and  repaired  by  a  county  at  , 
the  joint  expense  of  a  county  and  any 
tovm  or  road  district  therein. 

Article  6.  (§§  40-129).  Towm  and  district  organ¬ 
ization  and  administration  for  highway 
purposes. 

Subdivision  1.  (§§  40-41).  Organization: 

Division  into  tovms  and  districts. 

Subdivision  2.  (§§  42-54).  Highway  officers: 

Their  election,  powers,  duties  and 
compensation. 

Subdivision  3.  (§§  55-62).  The  raising  of 

revenue  for  highway  purposes  and  the 
application  thereof. 


Subdivision  4.  (§§  63-67).  Provisions  spe¬ 

cially  applicable  to  bridges  and  im¬ 
provements  constructed  or  repaired  at 
the  joint  expense  of  two  adjoining 
towns  or  districts. 

Subdivision  5.  (§§  67-72).  The  letting  of 

contracts. 

Subdivision  6.  (§§  73-104).  Laying  out, 

altering,  vacating,  widening  roads. 

Subdivision  7.  (§§  105-107).  Repair  and 

maintenance  of  roads  and  bridges. 

Subdivision  8.  (§§  108-129).  Gravel,  rock 

and  macadam — hard  roads. 

Article  7.  (§§  130-138).  Certain  provisions  appli¬ 
cable  generally  to  highway  officials. 

AJticle  8.  (§§  139-157).  Law  of  the  road:  Offen¬ 
ses  and  penalties. 

Article  9.  (§§  158-167).  Optional— single  high¬ 

way  commissioner  system  provided  for. 

Article  10.  (§§  168-169).  Act  construed — statutes 
repealed. 


(House  BaL  No.  843.  Approved  June  27,  1913.) 

An  Act  to  revise  the  law  in  relation  to  roads  and  bridges. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois^  rep¬ 
resented  in  the  General  Assembly:  That  the  laws  relating  to  roads  and 
bridges  be  and  they  hereby  are  codified,  revised  and  amended,  with 
articles,  subdivisions,  and  sections  entitled,  numbered  and  to  read  as 
follows : 


ARTICLE  I. 

Definitions. 

Section  1  (a).  State  road  and  bridge  fund.]  That  the  term 
^^State  Road  and  Bridge  Fund,^^  when  used  herein,  shall  mean  all 
moneys  appropriated  by  the  State  of  Illinois  for  road  and  bridge  pur¬ 
poses. 

(b)  State  aid  roads.]  The  term  ^^State  Aid  Roads’’  herein  shall 
mean  all  roads  or  bridges  constructed,  repaired  or  improved  at  the  joint 
expense  of  the  State  and  any  county  or  counties  within  the  State  as 
hereinafter  specified. 

ARTICLE  II. 

State  Highway  Department. 

§  2.  State  highway  department — (a)  established.]  There  is 
hereby  created  a  department,  to  be  known  as  the  State  Highway  Dp- 
partment,  the  officers  of  which  shall  consist  of  the  members  of  the  St:ilp 
Highway  Commission,  the  Chief  State  Highway  Engineer,  the  Assistant 
State  Highway  Engineer  and  the  various  subordinate  officers  herein¬ 
after  specified  and  set  forth. 


(B)  Offices.]  Tlie  Secretary  of  State  shall  provide  for  the  State 
Highway  Department  suitably  furnished  offices  in  the  capitol  building  at 
Springfield  and  shall  provide  therefor  suitable  blanks,  stationery,  printed 
matter  and  other  office  supplies. 

§  3.  State  highway  commission — (a)  office  ceeated.]  The 
Governor  shall,  by  and  with  the  advice  and  consent  of  the  Senate,  within 
thirty  days  after  this  Act  shall  take  effect,  appoint  three  State  highway 
commissioners  (no  more  than  two  of  said  persons  shall  belong  to  or  be 
affiliated  with  the  same  political  party,  nor  shall  they  be  actively  engaged 
in  any  other  business,  occupation  or  profession,  but  shall  devote  all  their 
time  to  the  work  of  said  commission),  to  hold  office  one  for  two  years, 
one  for  four  years  and  one  for  six  years,  from  and  after  the  date  of  their 
appointment  and  qualification  and  until  their  respective  successors  are 
appointed  and  qualified,  and  they  shall  constitute  and  be  known  as  the 
^^State  Highway  Commission.’^  And  on  the  first  day  of  March,  1916, 
and  at  the  end  of  every  two  years  thereafter,  the  Governor  shall,  in  like 
manner  and  by  and  with  the  advice  and  consent  of  the  Senate,  appoint 
one  person  as  the  successor  of  the  commissioner  whose  term  shall  have 
then  expired,  to  serve  as  such  commissioner  for  the  term  of  six  years 
and  until  his  successor  is  appointed  and  qualified.  One  person  appointed 
on  the  board  shall  be,  and  shall  be  designated  in  the  appointment,  the 
president,  who  shall  be  the  executive  officer  of  the  board.  Two  of  said 
commissioners  shall  constitute  a  quorum. 

(B)  Oath — bond.]  The  members  of  the  said  State  Highway 
Commission  before  entering  upon  the  duties  of  their  office,  shall  take  the 
oath  prescribed  by  the  Constitution  of  this  State  for  State  officers,  and 
said  oath  shall  be  filed  in  the  office  of  the  Secretary  of  State.  They 
shall  also  execute  a  good  and  sufficient  bond  to  the  State  in  the  sum  of 
not  less  than  $10,000.00  each,  conditioned  upon  the  faithful  perform¬ 
ance  of  their  duties,  said  bond  to  be  approved  by  the  Governor,  and  then 
filed  with  the  Secretary  of  State. 

(C)  Salary — expenses.]  The  said  State  Highway  Commis¬ 
sioners  shall  each  receive  an  annual  salary  of  three  thousand  five  hundred 
dollars  ($3,500.00),  and  in  addition  thereto  they  shall  be  allowed  their 
actual  and  necessary  traveling  expenses  incurred  in  attending  to  official 
business.  Said  commissioners  may  also  incur  necessary  expenses  for 
clerk  hire  and  other  incidental  expenses,  proper  and  necessary  for  the 
carrying  out  of  the  provisions  of  this  Act^  as  well  as  for  the  general  pur¬ 
poses  hereinafter  indicated. 

(D)  General  powers  and  duties.]  The  commission  provided  for 
herein  shall: 

(1)  Have  general  supervision  of  highways  and  bridges  which  are 
constructed,  improved  or  maintained  in  whole  or  in  part  by  the  aid  of 
State  moneys. 

( 2 )  Prescribe  rules  and  regulations  not  inconsistent  with  law,  fix¬ 
ing  the  duties  of  all  persons  employed  in  the  State  Highway  Department 
and  the  various  county  superintendents  of  highways.  Such,  rules  and 
regulations  shall,  before  taking  effect,  be  printed  and  transmitted  to 
the  highway  officials  affected  thereby. 


76 


(3)  Aid  county  superintendents  of  highways  and  town  and  district 
commissioners  of  highways  in  establishing  grades,  preparing  suitable 
systems  of  drainage  and  advise  them  as  to  the  construction,  improve¬ 
ment  and  maintenance  of  highways  and  bridges. 

(4)  Employ  such  clerical  and  other  assistants  as  they  may  deem 
necessary  to  -properly  carry  on  the  work  of  their  office. 

(5)  Cause  plans,  specifications  and  estimates  to  be  prepared  for  the 
repair  and  improvement  of  highways  and  the  construction  and  repair 
of  bridges  when  requested  so  to  do  by  a  county  superintendent  of  high¬ 
ways  or  by  a  highway  commissioner  of  any  town  or  road  district  therein. 

(6)  Investigate  and  determine  upon  the  various  methods  of  road 
and  bridge  construction  adapted  to  difierent  sections  of  the  State  and 
as  to  the  best  methods  of  construction  and  maintenance  of  highways 
and  bridges. 

(7)  Compile  statistics  relating  to  public  highways  throughout  the 
State  and  collect  such  information  in  regard  thereto  as  they  shall  deem 
expedient. 

(8)  Aid  at  all  times  in  promoting  highway  improvement  through¬ 
out  the  State  and  perform  such  other  duties  and  have  such  other  powers 
in  respect  to  highways  and  bridges  as  may  be  imposed  or  conferred  upon 
them  by  law. 

(9)  Approve  and  determine  the  final  plans,  specifications  and  esti¬ 
mates  for  all  State  aid  roads  upon  the  receipt  of  the  report  of  the  plans, 
specifications  and  estimates  of  the  State  Highway  Engineer  as  provided 
herein. 

(10)  Let  all  contracts  for  the  construction  or  improvement  of  State 
aid  roads. 

(11)  Prescribe  a  system  of  auditing  and  accounting  for  all  road  and 
bridge  moneys  for  the  use  of  all  highway  officials,  which  system  shall 
be  as  nearly  uniform  as  practically  possible. 

(12)  Perform  all  other  duties  prescribed  in  this  Act  or  reasonably 
inferable  therefrom. 

§  4.  State  highway  engineer — (a)  appointment.]  As  soon  as 
practicable  after  the  taking  effect  of  this  Act,  the  Governor  shall  appoint 
a  Chief  State  Highway  Engineer  and  an  assistant  State  highway  engi¬ 
neer  who  shall  each  be  competent  civil  engineers,  and  experienced  and 
skillful  in  highway  construction  and  maintenance.  The  said  chief  State 
Highway  Engineer  shall  receive  a  salary  of  four  thousand  dollarcs 
($4,000)  per  annum,  and  the  assistant  chief  State  highway  engineer 
shall  receive  a  salary  of  twenty-five  hundred  dollars  ($2,500)  per  annum, 
and,  in  addition  thereto,  they  shall  be  allowed  their  actual  traveling 
and  other  expenses  incurred  under  the  provisions  of  this  Act.  They 
shall  each  hold  office  for  the  period  of  six  years  and  until  their  respect¬ 
ive  successors  are  appointed  and  qualified. 

(B)  Oath — bond.]  Said  Chief  State  Highway  Engineer  and  his 
assistant,  before  entering  upon  the  duties  of  their  respective  offices,  shall 
each  take  the  oath  prescribed  by  the  Constitution  of  this  State  for  State 
officers  and  said  oath  shall  be  filed  in  the  office  of  the  Secretary  of  State. 

If  demanded  by  the  Governor,  the  said  Chief  State  Highway  En¬ 
gineer  and  his  assistant  shall  be  required  to  execute  a  good  and  suffi¬ 
cient  bond  in  such  sum  as  the  Governor  shall  prescribe,  conditioned  upon 


77 


the  faithful  performance  of  their  duties,  said  bond  to  be  approved  by 
the  Governor  and  then  filed  with  the  Secretary  of  State. 

(C)  Pov^EKS  AND  DUTIES.]  The  Said  Chief  State  Highway  En¬ 
gineer  and  the  said  assistant  State  highway  engineer  shall  be  the 
administrative  and  technical  agents  of  the  State  Highway  Commission, 
and  shall  be  generally  subject  to  the  orders  of  the  said  State  Highwa;y 
Commission.  The  said  Chief  State  Highway  Engineer  and  the  assist¬ 
ant  aforesaid  may  at  all  reasonable  times  be  consulted  by  county,  town¬ 
ship  or  road  district  officers  having  authority  over  roads  and  bridges 
relative  to  any  question  involving  such  highways  and  bridges. 

§  5.  Civil  service.]  With  the  exception  of  the  State  Highway 
Commission,  the  Chief  State  Highway  Engineer  and  the  assistant 
State  highway  engineer,  the  appointment  of  all  assistant  agents  or 
clerks  or  other  employees  of  the  State  Highway  Department  shall  be 
subject  to  the  laws  of  this  State  relating  to  the  civil  service. 

§  6.  Eemoval  from  office— vacancy.]  The  Governor  shall  have 
the  power  to  remove  the  State  Highway  Commission,  the  State  High¬ 
way  Engineer  and  the  assistant  State  highway  engineer  from  their 
respective  offices  for  incompetency,  neglect  of  duty  or  malfeasance  in 
office.  In  case  of  a  vacancy  in  either  of  said  offices  the  said  vacancy 
shall  be  filled  by  appointment  by  the  Governor  by  and  with  the  advice 
and  consent  of  the  Senate. .  When  the  Senate  is  not  in  session,  the 
Governor  may  make  an  appointment  to  fill  a  vacancy,  but  any  appoint¬ 
ment  made  when  the  Senate  is  not  in  session  shall  be  subject  to  con¬ 
firmation  by  the  Senate  at  its  next  session  before  becoming  permanent. 

§  7.  Duties  of  present  state  higpiway  commission  termin¬ 
ated.]  Upon  the  appointment  of  a  State  Highway  Commission,  under 
the  provisions  of  this  Act,  the  present  State  Highway  Commission  shall 
terminate  and  the  members  thereof  shall  turn  over  all  books,  maps, 
papers,  plans  and  other  things  pertaining  to  their  office  to  the  State 
Highway  Commission  herein  provided  for. 

ARTICLE  III. 

County  Superintendents  of  Highways. 

§  8.  County  superintendents  of  highways — (a)  appoint¬ 
ment.]  In  each  and  every  county  of  the  State  there  shall  be  a  county 
superintendent  of  highways  to  be  appointed  in  the  manner  following: 
Within  ninety  days  after  this  Act  shall  become  effective,  the  county 
board  of  each  county  shall  submit  to  the  State  Highway  Commission  a 
list  of  from  three  to  five  persons,  residents  of  the  county,  considered 
desirable  candidates  for  the  office  of  county  superintendent  of  highways. 
The  State  commission  shall  thereupon  determine  by  competitive  exam¬ 
ination  from  among  the  names  submitted,  the  person  or  persons  best 
fitted  for  said  office,  and  shall  thereupon  certify  the  same  to  the  county 
board  submitting  such  list,  who  shall  then  make  an  order  appointing, 
from  the  number  found  eligible,  one  such  person  superintendent  of 
highways  for  such  county :  Provided,  however,  that  if  on  the  list  Sub¬ 
mitted  there  is  found  no  person  qualified  for  the  position  the  county 


78 


board  shall  in  like  manner  submit  a  further  list  and  if  on  this  second 
list  no  one  is  found  qualified  the  county  board  may  employ  some  person 
other  than  a  resident  of  the  county  and  who  has  passed  satisfactorily 
the  examination  presented  by  the  State  Highway  Commission.  No  part 
of  any  moneys  appropriated  by  the  State  for  the  building  and  main¬ 
taining  of  State  aid  roads  shall  be  apportioned  to  any  county  until  such 
county  superintendent  of  highways  shall  have  been  appointed. 

(B)  Term  of  office — salary.]  The  term  of  office  of  each  county 
superintendent  of  highways  shall  he  six  years  and  until  his  successor 
is  duly  appointed  and  qualified.  He  shall  receive  a  salary  payable  out  of 
the  general  funds  of  the  county  in  a  sum  to  be  fixed  by  the  county 
board. 

(C)  Removal.]  Any  county  superintendent  of  highways  may  be 
removed  from  office  by  the  county  board  of  his  county  for  incompetence, 
neglect  of  duty  or  malfeasance  in  office. 

(D)  Powers  and  duties.]  The  county  superintendent  of  high¬ 
ways  shall,  subject  to  the  rules  and  regulations  of  the  State  Highway 
Commission : 

(1)  Prepare  plans,  specifications  and  estimates  for  all  bridges  to  be 
built  by  the  county.  Such  plans  and  specifications,  before  being  finally 
adopted,  shall  be  submitted  to  the  State  Highway  Commission  and 
approved  by  them. 

(2)  Act  for  the  county  in  all  matters  relating  to  the  supervision  of 
the  construction  and  maintenance  of  any  road  or  bridge  constructed 
or  maintained  at  the  entire  expense  of  the  county  or  at  the  joint  expense 
of  the  county  and  any  town  or  road  district  therein,  as  hereinafter  set 
forth. 

(3)  Visit  and  inspect  the  highways  and  bridges  in  each  town  or 
district  of  his  county,  at  least  once  in  each  year  and  whenever  directed 
so  to  do  by  the  State  Highway  Commission,  or  the  State  Highway 
Engineer,  and  advise  and  direct  the  highway  commissioners  of  the  sev¬ 
eral  towns  or  districts  in  his  county  as  to  the  best  methods  of  repair, 
maintenance  and  improvement  of  highways  and  bridges. 

(4)  Subject  to  the  direction  of  the  State  Highway  Commission,  to 
supervise  the  repair  and  maintenance  of  all  State  aid  roads  within  his 
county. 

(5)  Keep  a  record  of  all  contracts  or  purchases  of  materials, 
machinery  or  apparatus  to  be  used  in  road  construction  in  excess  of  two 
hundred  dollars  ($200)  approved  hy  him  in  any  town  or  district  as 
hereinafter  provided. 

(6)  Perform  such  other  duties  as  may  be  prescribed  by  law,  the 
rules  and  regulations  of  the  State  Highway  Commission  or  the  direction 
of  the  State  Highway  Engineer  in  conformity  thereto.  Other  than  as 
above  specifically  indicated,  the  county  superintendent  of  highways  shall, 
to  all  intents  and  purposes,  be  regarded  as  a  deputy  to  the  State  Highway 
Engineer :  Promded,  however,  that  no  county  superintendent  of  high¬ 
ways  shall  be  required,  without  his  consent,  and  the  consent  of  the  board 
of  supervisors,  or  the  board  of  county  commissioners,  of  the  county  in 
whose  employ  he  is  to  perform  services  in  any  other  county. 


79 


(E)  A^acancy,]  In  case  the  office  of  county  superintendent  of 
highways  in  any  county  shall  at  any  time  be  vacant,  and  a  temporary 
emergency  shall  arise  requiring  that  some  duly  qualified  official  perform 
the  duties  of  said  office,  then  the  State  Highway  Commission  may 
designate  any  competent  person  to  perform  the  duties  of  such  office 
during  the  existence  of  such  temporary  emergency. 

AETICLE  IV. 

State  Aid. 

§  9.  State  aid  authorized.]  Public  highways,  or  sections  thereof, 
including  bridges  therein,  may  be  laid  out,  improved,  or  constructed  at 
the  joint  expense  of  the  State  and  any  county  within  the  State  as  here¬ 
inafter  provided.  In  such  case  the  State  shall  contribute  one-half  the 
expense  thereof  and  the  county,  or  counties,  through  which  the  said 
highway  or  portion  thereof  passes  shall  contribute  the  remaining  one- 
half.  Such  highways  hereinafter  known  as  ^^State  Aid  Eoads’’  may  be 
laid  out,  constructed  or  improved  in  the  manner  hereinafter  directed: 
Provided,  however,  that  no  road  or  part  thereof  lying  within  the  corpo¬ 
rate  limits  of  any  city  or  village  within  this  State  shall  be  improved  or 
constructed  with  State  aid. 

§  10.  At  their  next  regular  or  special  meeting  following  the  passage 
of  this  Act  it  shall  be  the  duty  of  the  supervisors  in  counties  under 
township  organization,  or  the  board  of  county  commissioners  in  counties 
not  under  township  organization,  to  designate  those  public  highways 
within  their  respective  counties  that  shall  come  under  the  provisions  of 
this  Act.  The  highways  to  be  designated  by  the  county  boards  shall 
be  as  nearly  as  possible  those  highways  connecting  the  principal  cities 
and  trading  points  in  each  county  with  each  other,  and  also  with  the 
principal  cities  and  trading  points  in  other  counties. 

§  11.  Such  highways  shall  not  include  any  portion  of  a  public  high¬ 
way  within  the  corporate  limits  of  any  city  or  village ;  nor  shall  the  total 
mileage  of  such  highways  in  any  county  exceed,  in  counties  of  the  first 
class,  more  than  fifteen  per  centum  of  the  total  public  road  mileage  of 
that  county,  nor  exceed  twenty  per  centum  of  the  public  road  mileage 
in  counties  of  the  second  class,  and  shall  not  exceed  twenty-five  per 
centum  of  the  public  road  mileage  in  counties  of  the  third  class.  By 
public  roads  it  is  understood  to  mean  all  public  roads  within  the  State 
except  those  within  the  limits  of  incorporated  cities  and  villages;  the 
public  road  mileage  of  the  counties  to  be  that  as  determined  and  pub¬ 
lished  by  the  State  Highway  Commission. 

§  12.  The  county  boards  shall  indicate  the  highways  selected  as 
aforesaid  by  marking  them  upon  some  map  which  shows  the  public 
roads  and  section  lines  in  the  county,  and  for  this  purpose  existing  atlas 
maps  may  be  used,  provided  the  roads  selected  are  plainly  marked 
thereon. 

After  the  county  boards  have  so  selected  the  highways  within  their 
respective  counties  as  aforesaid,  and  indicated  the  same  on  a  map  of 
the  county,  it  shall  be  the  duty  of  the  county  clerk  immediately  to 
forward  said  map,  with  his  signature  thereon  attesting  to  the  validity 
of  the  same,  to  the  State  Highway  Commission.  The  State  Highway 


80 


Commission  shall  examine  the  map  with  the  roads  located  thereon,  and 
if  the  roads  selected  in  one  county  do  not  connect  with  the  roads  selected 
in  another  county  to  make  convenient  through  roads  between  the  various 
cities  and  trading  points  of  the  different  counties,  the  State  Highway 
Commifesion  shall  make  such  changes  as  will  best  serve  to  make  the  most 
direct  routes  between  such  cities  and  trading  points  of  the  different 
counties,  and  return  to  the  county  clerks  the  maps  with  the  correction? 
shown  thereon. 

§  13.  If  in  the  judgment  of  the  State  Highway  Commission  it 
becomes  necessary  to  relocate  the  routes  as  selected  by  the  county  board 
for  State  highways  in  any  county,  the  State  Highway  Commission  may 
notify  the  respective  boards  who  shall,  at  their  special  meeting  when 
they  are  selecting  the  State  highways,  appoint  a  committee  not  to  exceed 
five  in  number,  who  shall,  if  they  choose,  appear  before  the  State  High¬ 
way  Commission,  who  shall  give  hearings  on  the  relocation  of  the  route? 
as  first  selected  by  the  county  boards.  After  taking  into  consideration 
the  information  thus  presented  by  these  special  committees,  the  State 
Highway  Commission  shall  then  proceed  to  indicate  the  routes  along 
which  State  aid  roads  may  be  constructed,  as  hereinafter  provided.  The 
highways  selected  by  the  county  boards  and  shown  on  the  maps  as  revised 
by  the  State  Highway  Commission,  shall  be  the  highways  to  which  the 
provisions  of  this  Act  shall  apply,  and  they  shall  not  apply  to  any  other 
public  highways.  After  the  county  map  has  been  finally  corrected  by 
the  State  Highway  Commission,  a  copy  shall  be  returned  to  the  county 
clerk  and  a  copy  retained  by  the  State  Highway  Commission. 

§  14.  The  county  clerk  shall  enter  the  map  returned  to  him  among 
his  official  records,  and  no  changes  in  the  routes  indicated  thereon  shall 
be  made,  except  by  a  vote  of  the  county  board  and  with  the  approval  of 
the  State  Highway  Commission,  as  hereinafter  indicated ;  and  no  changes 
whatever  shall  be  made  in  the  routes  of  such  highways  prior  to  three 
years  after  the  filing  of  the  first  map  thereof,  except  that  in  the  event 
the  routes  as  first  selected  and  shown  do  not  total  a  mileage  equal  to  the 
percentage  allowed  for  that  county,  additional  roads  may  be  added  until 
the  total  percentage  is  equaled. 

§  15.  If  any  county  board  shall  fail  within  six  months  after  the 
passage  of  this  Act  to  forward  to  the  State  Highway  Commission  a  map 
showing  the  routes  selected  for  State  aid  roads,  then  the  State  Highway 
Commission  may  make  such  selection  itself  from  the  best  information 
that  may  be  available,  and  a  copy  of  such  map  with  the  roads  selected 
shall  be  sent  to  the  county  clerk  of  those  counties  whose  boards  have  not 
made  a  selection  within  the  six  months  as  herein  provided,  which  fact 
shall  be  indicated  on  the  map  submitted  by  the  State  Highway  Com¬ 
mission  ;  and  it  shall  be  the  duty  of  the  county  clerk  to  file  such  map 
among  his  records. 

§  15a.  The  improvement  of  the  system  of  State  highways  as  herein 
provided  shall  be  carried  on  as  follows:  From  such  appropriations  as 
the  General  Assembly  may  from  time  to  time  make  for  the  purpose  of 
carrying  out  the  provisions  of  this  Act,  there  shall  be  allotted  by  the 
State  Highway  Commission  each  year  for  each  county  an  amount  that 
shall  bear  the  same  ratio  to  the  total  appropriation  for  that  year  that  the 
total  amount  levied  in  each  county  for  roads  and  bridges  bears  to  the 


81 


total  amount  levied  in  the  State  for  roads  and  bridges,  as  determined 
from  the  published  reports  of  the  Auditor  of  Public  Accounts  from  the 
last  year  so  reported :  Promded,  that  to  counties,  in  which  more  than 
40  per  cent  of  the  total  amount  appropriated  by  the  General  Assembly 
for  building  roads  is  collected,  including  any  amount  collected  for  auto¬ 
mobile  and  kindred  licenses,  and  devoted  to  road  building  by  such  appro¬ 
priation,  there  shall  be  allotted,  under  the  provisions  hereof,  an  amount 
equal  to  twenty-five  per  cent  (25%)  of  the  aniount  so  collected  in  such 
county. 

The  sum  so  allotted  to  each  county  shall  be  used, to ^  defray  the  cost 
of  constructing  State  aid  roads  when  such  work  is  carried  on  in  con¬ 
formity  with  the  provisions  of  this  Act:  Provided,  that  the  allotment 
made  by  the  State  shall  not  be  used  to  defray  more  than  one-half  the  cost 
of  any  improvement  done  under  the  provisions  of  this  Act. 

§  15b.  If  for  any  reason  any  county  shall  within  six  months  from 
the  date  of  the  allotment  fail  to  provide  and  appropriate  an  amount 
equal  to  said  allotment  by  the  State  Highway  Commission  for  the  pur¬ 
pose  of  constructing  State  aid  roads  then  the  amount  so  allotted  shall 
be  forfeited  by  said  county  and  the  same  shall  be  re-allotted  to  those 
counties  which  have  complied  with  the  requirements  herein  contained. 

§  15c.  It  shall  be  considered  sufficient  acceptance  of  the  allotment 
to  a  county  of  the  State  appropriation  for  the  construction  of  State  aid 
roads,  if  a  county  board  shall  give  notice  to  the  State  Highway  Com¬ 
mission  that  it  has  assessed  a  tax  to  raise  its  portion  of  the  cost,  or  that 
it  has  passed  an  order  submitting  to  a  vote  of  the  people  the  question 
of  raising  an  additional  tax  for  this  purpose,  or  that  it  has  passed  an 
order  submitting  to  a  vote  of  the  people  the  question  of  issuing  bonds  for 
this  purpose.  Otherwise,  a  county’s  allotment  shall  be  considered  for¬ 
feited,  as  provided  in  section  15b  of  this  Act. 

§  16.  Proceedings  for  construction  of  state  aid  road — pre¬ 
liminary  RESOLUTION  OF  COUNTY  BOARD.]  Whenever  the  county  board 
of  any  county  desires  to  initiate  proceedings  for  the  construction  of  a 
State  aid  road,  along  a  route  designated  as  aforesaid,  such  county  board 
may  proceed  in  the  manner  following.  The  county  board  may  pass  a 
resolution  stating  that  the  public  interest  demands  the  improvement  of 
a  highway  or  section  thereof  within  the  county,  and  requesting  that  it  be 
constructed  or  improved  as  provided  in  this  article.  Such  resolutions 
shall  contain  a  description  of  such  highway  or  section  thereof.  The 
county  clerk  shall,  within  ten  days  after  the  passage  of  such  resolution, 
transmit  a  certified  copy  thereof  to  the  State  Highway  Commission. 

§  17.  Examination  of  proposed  highway— approval  or  disap¬ 
proval  BY  COMMISSION.]  As  soon  as  practicable  after  the  receipt  of 
such  resolution,  the  State  Highway  commission  shall  consider  the  ap¬ 
parent  desirability  and  importance  of  the  proposed  improvement,  and 
shall  determine  whether  such  proposed  improvement  will  be  of  public 
utility  and  convenience,  and  whether  the  construction  thereof  will  be 
practically  possible.  After  such  comsideration  the  commission  shall 
certify  their  approval  or  disapproval  of  the  proposed  improvement  to 
the  county  board  making  application  therefor. 


6  L  L 


82 


§  18.  Maps,  plans,  specifications  and  estiaiates.]  Whenever 
the  commission  shall  have  made  their  preliminary  order  as  aforesaid, 
in  favor  of  the  construction  or  improvement  of  a  public  highway  or 
section  thereof,  the  said  commission  shall  direct  the  State  Highway 
Engineer,  or  the  assistant  State  highway  engineer  to  cause  proper  sur¬ 
veys  to  be  made  and  to  prepare  suitable  maps,  plans,  specifications 
and  estimates  of  cost  of  the  proposed  improvement.  In  the  prepara¬ 
tion  of  such  plans,  specifications  and  estimates,  the  State  Highway  Com¬ 
mission  may  cause  to  be  included  therein,  the  value  of  any  materials  or 
the  fair  rental  value  of  any  implements,  apparatus  or  machinery  suitable 
for  road  construction  which  the  State  Highway  Commission  desires 
should  be  furnished  or  supplied  by  the  State.  In  the  preparation 
thereof  the  State  Engineer  may  call  upon  the  county  superintendent  of 
highways  to  render  such  assistance  and  to  perform  such  part  of  such 
work  as  he  shall  deem  necessary.  The  preparation  of  such  plans,  speci¬ 
fications,  surveys  and  estimates  of  cost  shall  be  subject  to  the  general 
direction  and  control  of  the  State  Highway  Commission.  If  deemed 
advisable  such  plans,  surveys,  specifications  and  estimates  may  pro¬ 
vide  for  the  widening  of  an  existing  highway,  or  provide  for  a  reasonable 
deviation  from  the  route  described  in  the  preliminary  resolution  of 
the  county  board. 

§  19.  Eminent  domain.]  In  case  the  plans  and  surveys  provided 
for  in  the  preceding  section  require  the  taking  or  damaging  of  the  prop¬ 
erty  of  any  private  land  owner  the  State  Highway  Commission  in  such 
manner  as  they  may  determine,  shall,  if  possible,  agree  with  such  private 
owner  relative  to  the  amount  of  damages  sustained,  conditioned  upon 
the  construction  of  the  proposed  improvement.  Such  agreement  when 
made,  shall  be  given  full  force  and  effect  according  to  the  terms  thereof. 
In  case  such  land  owner  fails  to  reach  an  agreement  with  the  commis¬ 
sion  respecting  such  damages,  or  is  legally  incapable  of  so  doing,  the 
said  State  Highway  Commission  may  file  a  petition  in  any  court  of 
competent  jurisdiction  addressed  to  any  judge  thereof  in  vacation, 
praying  for  the  assessment  of  damages  for  such  proposed  improvement, 
after  the  manner  now  provided  by  law  relative  to  the  exercise  of  the 
right  of  eminent  domain.  The  damages  as  thus  finally  determined  either 
by  agreement  or  proceedings  in  eminent  domain  shall  be  included  in  the 
estimate  of  the  cost  of  the  proposed  improvement,  to  be  borne  equally 
by  the  State  and  the  county  constructing  the  same. 

In  case  a  proposed  improvement  be  abandoned  after  a  resort  to  pro¬ 
ceedings  in  eminent  domain  as  aforesaid,  the  costs  of  such  proceedings 
to  which  the  property  owner  is  by  law  entitled,  shall  nevertheless  be  paid 
one-half  out  of  the  State  road  and  bridge  fund  and  the  remaining  one- 
half  by  the  county. 

§  20.  Eeport  to  state  highway  comaiission  and  to  county 
BOARD.]  Whenever  the  surveys,  plans,  specifications  and  estimates  of 
the  proposed  improvement  are  fully  completed  and  determined,  the 
State  Highway  Engineer  shall  make  a  complete  report  thereof  and  de¬ 
liver  the  same  to  the  State  Highway  Commission,  and  shall  also  trans¬ 
mit  a  copy  inereof  to  the  county  board  of  the  county  wherein  it  is  pro¬ 
posed  to  construct  the  improvement. 


83 


§  21.  Final  resolution  of  state  icighway  commission.]  Upon 
receiving  the  surveys,  plans,  specifications  and  estimates  provided  for  in 
the  preceding  sections,  the  State  Highway  Commission  shall  finally  de¬ 
termine  whether  they  will  authorize  the  construction  of  the  proposed 
improvement  as  a  State  aid  road.  The  commission  shall  thereupon  at 
once  cause  a  copy  of  such  determination  to  be  transmitted  to  the  county 
board. 

§  22.  Final  resolution  of  county  board.  )  At  any  regular  or 
special  meeting  of  the  county  board  held  after  notice  of  the  decision  of 
the  State  Highway  Commission  to  authorize  the  construction  of  the 
proposed  improvement  as  aforesaid,  the  county  board  shall  determine 
whether  it  will  authorize  the  proceedings  necessary  to  enable  the  county  to 
contribute  the  one-half  of  the  cost  required  for  the  construction  of  State 
aid  roads  as  provided  in  this  Act.  When  a  county  board  has  once 
adopted  a  final  resolution  providing  for  the  construction  or  improve¬ 
ment  of  a  highway  or  a  section  thereof  in  accordance  with  such  plans 
and  specifications,  no  resolution  thereafter  adopted  by  such  board  shall 
rescind  or  annul  such  prior  resolution,  either  directly  or  indirectly, 
excepting  under  the  advice  and  with  the  consent  of  the  State  Highway 
Commission.  In  case  the  county  board  desires  that  such  provision  be 
made  for  the  construction  of  a  State  aid  road,  it  may  proceed  in  either 
of  the  methods  following: 

(1)  In  case  there  be  sufficient  funds  in  the  county  treasury 
available  therefor,  the  county  board  may  appropriate  therefrom  sufficient 
to  meet  one-half  the  cost  of  the  improvement. 

(2)  If  the  county  board  so  desires  and  deems  it  necessary  for  the 
purpose  of  the  improvement  herein  authorized,  the  said  county  board, 
in  the  manner  now  provided  by  law  for  issuing  bonds  for  county  pur¬ 
poses,  may  submit  to  the'  legal  voters  of  their  county  the  question  of 
issuing  such  county  bonds.  In  such  case  the  votes  in  favor  of  the  propo¬ 
sition  submitted  shall  be  "Tor  County  Bonds  for  State  Aid  Eoads,^"  and 
those  against  shall  be  ""Against  County  Bonds  for  State  Aid  Eoads.^^ 

§  23.  All  moneys  appropriated  by  any  county  board  to  aid  in  the 
construction  of  a  State  aid  road,  and  all  moneys  raised  by  taxation  there¬ 
for  shall  be  held  as  a  separate  fund  therefor  until  paid  out  according  to 
the  provisions  of  this  Act,  and  shall  not  be  expended  for  any  other 
purpose. 

§  24.  Final  notice  to  state  highway  commission.]  In  case 
the  county  finally  determines  in  either  of  the  methods  indicated  in  the 
preceding  section,  to  make  provisions  for  the  contemplated  State  aid 
road,  the  county  clerk  shall  at  once  notify  the  State  Highway  Commis¬ 
sion  thereof. 

§  25.  Order  of  construction  of  state  aid  roads.]  Upon  the 
receipt  of  the  notice  that  the  county  has  finally  determined  upon  the 
construction  of  a  State  aid  road  in  the  manner  aforesaid,  the  State 
Highway  Commission  shall  proceed  as  provided  in  this  article.  In  so 
far  as  practicable,  in  the  opinion  of  the  State  Highway  Commission,  the 
construction  and  improvement  of  State  aid  roads  shal]  be  taken  up  and 
carried  forward  within  the  several  counties  of  the  State  in  tlie  consecu¬ 
tive  order  of  the  date  of  the  receipt  by  the  commission  of  the  certified' 
copies  of  the  final  resolutions  adopted  by  the  various  county  boards 


84 


making  provision  for  such  construction  or  improvements,  as  aforesaid: 
Provided,  that  until  the  notices  and  proceedings  have  been  given  and  had 
as  in  the  preceding  sections  provided  the  designated  roads  shall  remain 
under  the  control  of  the  township  road  authorities. 

§  26.  Contract  for  state  aid  roads.]  State  aid  roads  may  be 
constructed  or  improved  by  contract  in  the  manner  provided  herein.  No 
contract  for  the  improvement  or  construction  of  a  State  aid  road  shall 
be  entered  into  unless  at  the  time,  there  is  in  the  State  road  and  bridge 
fund,  subject  to  the  order  of  the  State  Highway  Commission,  sufficient 
moneys  to  defray  the  portion  of  the  cost  thereof  which  the  State  is  re¬ 
quired  to  contribute  under  the  provisions  of  this  Act.  Upon  the  comple¬ 
tion  and  final  adoption  or  approval,  as  provided  by  law,  of  the  plans 
and  specifications  and  estimates  for  the  construction  or  improvement 
of  a  State  aid  road,  a  contract  therefor  may  be  executed  as  provided 
herein. 

In  letting  contracts  for  the  building  of  bridges,  or  culverts,  wherein 
the  county  alone  is  interested,  or  wherein  the  county  and  State  are 
interested,  or  the  county  and  township  or  road  district  are  interested,  it 
shall  be  the  duty  of  the  officials  in  letting  said  contracts  to  invite,  receive 
and  consider  proposals  on  any  other  plan  other  than  the  one  prepared 
by  the  county  superintendent  of  highways,  or  State  Highway  Commis¬ 
sion,  and  they  shall  require  that  all  p^^oposals  on  such  plans  shall  be 
accompanied  with  complete  stress  diagrams,  and  specifications;  nature, 
quality  and  size  of  materials  to  be  used;  strength  of  structure  when 
completed,  etc.,  it  being  understood,  however,  that  befrre  any  such  plan 
shall  be  finally  adopted,  it  shall,  in  like  manner  as  all  other  plans,  pro¬ 
files,  specifications  and  estimates  submitted,  have  the  approval  of  the 
county  superintendent  of  highways  and  the  State  Highway  Commission. 

(1)  Advertising  for  proposals.]  The  State  Highway  Commission 
shall  advertise  for  proposals  for  the  construction  or  improvement  of 
such  highways  or  sections  thereof  according  to  the  plans,  specifications 
and  estimates  prepared  therefor.  The  advertisement  shall  be  limited  to 
a  brief  description  of  the  work  proposed  to  be  done,  the  terms  and  condi¬ 
tions  under  which  proposals  will  be  received,  the  time  and  place  where 
the  same  will  be  opened,  and  such  other  matters  as  the  commission  may 
deem  advisable  to  include  therein.  Such  advertisement  shall  be  pub¬ 
lished  at  least  once  in  each  week  for  two  consecutive  weeks  in  a  news¬ 
paper,  published  in  the  county  in  which  such  highway  or  section  thereof 
is  to  be  constructed  or  improved,  and  in  such  other  newspapers  as  the 
commission  may  designate.  In  such  advertisement  the  State  Highway 
Commission  may  provide  that  certain  materials,  or  machinery  or  imple¬ 
ments  suitable  for  road  construction,  shall  be  furnished  by  the  State  or 
used  in  the  construction  of  said  State  aid  road,  and  may  also  indicate 
the  fail  value  of  the  same  or  for  the  use  thereof. 

(2)  Proposals.]  Each  proposal  shall  specify  the  gross  sum  for 
which  the  work  will  be  performed  exclusive  of  such  materials  as  may  be 
furnished  by  the  State  and  also  shall  include  the  amount  to  be  charged 
for  such  item  specified  in  the  estimate.  The  commission  may  prescribe 
and  furnish  forms  for  the  submission  of  such  proposal  and  may  prescribe 
the  manner  of  submitting  the  same  which  shall  not  be  inconsistent  here¬ 
with.  The  proposals  shall  be  publicly  opened  at  the  time  specified  in. the 
advertisement,  aforesaid  and  when  opened  such  proposals  shall  be  sub- 


85 


ject  at  all  reasonable  times  to  public  inspection  and  at  the  time  of 
opening  shall  be  publicly  read. 

(3)  Award  of  contract.]  The  contract  for  the  construction  or 
improvement  of  such  highways  or  section  thereof  shall  be  awarded  to 
the  lowest  responsible  bidder  except  that  no  contract  shall  be  awarded 
at  a  sum  which,  together  with  the  value  of  materials  and  machinery 
to  be  furnished  by  the  State  as  fixed  by  the  State  Highway  Commission, 
shall  exceed  the  estimate  made  for  the  construction  or  improvement  of 
such  highway  or  section  thereof  in  accordance  with  the  aforesaid  plans 
and  specifications.  The  lowest  bid  shall  be  deemed  to  be  that  which 
specifically  states  the  lowest  gross  sum  for  which  the  entire  work  shall 
be  performed,  including  all  the  items  specified  in  the  estimate  therefor. 

(4)  Eejection  of  proposals.]  The  commission  may  reject  any  or 
all  proposals  and  may  at  once  advertise  for  new  proposals  as  hereinbefore 
provided,  if  in  their  opinion  the  best  interests  of  the  State  will  thereby 
be  promoted. 

(5)  Form  of  contract.]  The  commission  shall  prescribe  the  form 
of  contract  and  may  include  therein  such  matters  as  they  may  deem  ad¬ 
vantageous  to  the  State.  Such  form  shall  be  uniform  in  so  far  as  may 
be. 

(6)  Bond  of  contractor.]  Each  contractor,  before  entering  into  a 
contract  for  such  construction  or  improvement,  shall  execute  a  bond  in 
the  form  prescribed  by  the  commission,  with  sufficient  sureties  to  be 
approved  by  the  commission,  conditioned  that  he  will  perform  the  work 
in  accordance  with  the  terms  of  the  contract,  and  with  the  plans  and 
specifications  and  that  he  will  commence  and  comr^lete  the  work  within 
the  time  prescribed  in  the  contract.  Such  bond  shall  also  provide  against 
any  direct  or  indirect  damages  that  may  be  suffered  or  claimed  on 
account  of  such  construction  or  improvement  during  the  time  thereof, 
and  until  the  highway  is  accepted. 

(7) '  Payments  on  contracts.]  The  contract  may  provide  for 
partial  payments  to  an  amount  not  exceeding  90  per  centum  of  the  value 
of  the  work  done  which  shall  be  paid  in  the  manner  provided  by  this 
article  when  certified  to  by  the  commission.  In  case  partial  payments 
are  made  the  State  and  county  shall  each  pay  one-half  thereof  as  the 
work  progresses.  Ten  per  centum  of  the  contract  price  shall  be  retained 
until  the  entire  work  has  been  completed  and  accepted. 

§  27.  Acceptance  of  state  aid  road  when  completed.]  Upon 
the  completion  of  a  State  aid  road  or  section  thereof  constructed  or  im¬ 
proved  under  a  contract  let  as  provided  in  this  article,  the  State  High¬ 
way  Engineer  shall  inspect  the  same,  and  if  completed  as  provided  in 
the  contract,  he  shall  thereupon  report  to  the  State  Highway  Commis¬ 
sion.  If  the  commission  approve,  they  shall  notify  the  contractor  thereof 
and  the  highway  or  section  thereof  so  constructed  or  improved  shall  be 
deemed  to  have  been  accepted  by  the  State.  Such  acceptance  shall  also 
be  communicated  by  the  State  Highway  Commission  to  the  county  clerk 
of  the  county  wherein  such  improvement  or  portion  thereof  is  located. 

§  28.  Payments — how  made — effect  of  contract.]  Upon  the 
acceptance  by  the  State  of  an  improvement  as  hereinbefore  provided,  the 
contractor  shall  be  entitled  to  receive  the  portion  of  the  contract  price 
then  remaining  due  and  unpaid.  The  contractor  shall  receive  one-half 


86 


of  the  total  cost  of  such  improvement  directly  from  the  State  treasury, 
and  the  other  half  shall  be  paid  by  the  county  to  such  contractor. 

Upon  the  order  of  the  State  Highway  Commission,  the  Auditor  of 
Public  Accounts  is  hereby  authorized  to  draw  his  warrant  upon  the  State 
Treasurer  for  any  unexpended  balance  remaining  in  the  State  road  and 
bridge  fund. 

§  29.  Legal  eeeect  oe  contkact.J  Any  contract  entered  into  by 
and  between  the  State  Highway  Commission  and  any  contractor  for  the 
construction  of  a  State  aid  road  according  to  the  provisions  of  this  Act 
shall  be  taken  and  held  to  confer  upon  the  contractor  the  right  to  enforce 
in  any  appropriate  legal  action  against  the  county  wherein  the  improve¬ 
ment  is  located  the  payment  of  the  portion  of  the  cost  thereof  which 
the  county  is  required  to  pay  under  the  provisions  of  this  Act. 

§  30.  Eoads  constructed  directly  by  the  state.]  In  case  the 
State  Highway  Commission  upon  a  second  advertisement  for  bids  or 
proposals  for  the  construction  or  improvement  of  a  State  aid  road  shall 
not  be  able  to  let  the  contract  for  a  sum,  which,  together  with  the  value 
of  materials,  apparatus,  implements  and  machinery  to  be  furnished  by 
the  State  determined  as  aforesaid,  shall  not  exceed  the  estimate  of  the 
cost  thereof  previously  made  by  the  State  Highway  Engineer,  the  State 
Highway  Commission  may  then  proceed  directly  to  construct  such  State 
aid  road.  In  such  case  the  county  within  which  such  proposed  improve¬ 
ment  shall  be  located,  shall  not  be  required  to  contribute  thereto  more 
than  one-half  the  estimated  cost  thereof  as  aforesaid. 

§  31.  County  line  roads.]  State  aid  roads  may  be  constructed  or 
improved  on  county  lines.  In  case  two  counties  desire  to  secure  the  con¬ 
struction  or  improvement  of  a  public  highway  situated  upon  or  near  the 
boundary  line  between  them,  the  respective  county  boards  thereof  may, 
by  appropriate  resolutions,  initiate  proceedings  therefor.  To  this  end 
such  county  boards  may,  by  concurring  resolutions,  fix  the  portion  of  the 
one-half  the  total  cost  of  construction  which  should  be  borne  by  each 
county.  Such  resolutions  when  duly  transmitted  to  the  State  Highway 
dommission  shall  be  considered  in  such  cases  as  the  preliminary  appli¬ 
cation  therefor,  as  hereinbefore  provided.  If  approved  by  the  State 
Highway  Commission,  each  county  board  may  appropriate  the  portion 
of  the  cost  to  be  borne  by  such  county,  or  authorize  the  submission  of 
the  question  of  issuing  bonds  as  hereinbefore  provided. 

In  all  proceedings  contemplating  the  construction  or  improvement  of 
a  county  line  road  as  provided  in  this  section,  all  acts  of  each  county 
board  relative  thereto,  together  with  the  result  of  any  vote  upon  the 
question  of  levying  a  tax  or  issuing  bonds  as  provided  herein,  shall  be 
communicated  by  the  county  clerk  of  each  county  to  the  county  clerk 
of  the  other  county,  as  well  as  to  the  State  Highway  Commission. 

In  case  either  county  shall  refuse  to  take  the  steps  necessary  to  secure 
the  construction  or  improvement  of  such  county  line  road,  as  provided 
in  this  section,  then  all  prior  proceedings  relative  thereto  on  the  part  of 
the  other  county  shall  be  regarded  as  suspended. 

§  32.  Repair  and  maintenance  of  state  aid  roads.]  Whenever 
any  State  aid  road  shall  be  constructed  or  improved  in  any  county  under 
the  provisions  of  this  Act,  the  State  Highway  Commission,  either  directly 
or  through  the  State  Highway  Engineer,  the  assistant  State  highway 


87 


engineer,  or  the  county  superintendent  of  highways  shall  thereafter 
keep  all  such  roads  in  proper  repair,  and  the  total  cost  of  such  mainte¬ 
nance  shall  be  paid  out  of  the  State  road  and  bridge  funds  upon  the 
warrant  of  the  Auditor,  whenever  such  payment  shall  be  ordered  by  the 
State  Highway  Commission.  For  the  purpose  of  keeping  such  roads  in 
proper  repair  the  State  Highway  Commission  shall  have  authority  to 
purchase  all  necessary  tools,  machinery,  supplies  and  materials,  and  may 
employ,  or  authorize  the  State  Highway  Engineer  to  employ,  all  labor 
necessary  therefor. 

§  33.  Public  utilities.]  Ko  steam  or  electric  railroad  company, 
telephone  or  telegraph  company,  or  company  laying  or  using  pipe  lines, 
shall  have  the  right  to  locate  or  construct  its  road  or  place  its  poles  or 
wires,  or  lay  its  pipe  lines  upon  or  along  any  State  aid  road,  without 
the  consent  of  the  county  board  of  the  county  wherein  it  is  proposed  to 
place  or  locate  the  same.  Such  consent  may  be  granted  for  any  period 
not  longer  than  twenty  years  upon  petition  of  the  company,  upon  such 
terms  and  conditions,  not  inconsistent  with  this  Act,  as  such  county 
board  shall  deem  for  the  best  interests  of  the  public :  Provided,  that 
before  any  such  consent  of  the  county  board  shall  become  effective  the 
said  county  board  shall  receive  the  approval  of  the  State  Highway 
Commission  to  the  use  of  the  said  State  aid  road  for  such  purpose  and 
the  conditions  upon  which  the  same  shall  have  been  granted :  And, 
provided,  further,  that  no  such  consent  shall  be  granted  except  upon  the 
condition  that  the  company  will  pay  all  damages  to  the  owners  of  the 
property  abutting  upon  said  State  aid  road  which  they  may  sustain  by 
reason  of  the  location  or  construction  of  the  said  steam  or  electric  rail¬ 
road  or  the  placing  of  the  said  telephone  or  telegraph  poles  or  wires,  or 
the  laying  of  the  said  pipe  lines,  the  same  to  be  ascertained  and  paid 
in  the  manner  provided  by  law  for  the  exercise  of  the  right  of  eminent 
domain. 

ARTICLE  V. 

Bridges  and  Improvements  Constructed  and  Repaired  by  a  County 
OR  AT  THE  Joint  Expense  of  a  County  and  Any  Town 
OR  Road  District  Therein. 

§  34.  Bridges  may  be  built  by  county.]  In  case  the  county  board 
shall  deem  it  expedient  to  build  a  bridge  in  any  town  or  road  districi 
therein,  the  said  county  board  may  order  the  same  built  at  the  entire 
expense  of  such  county.  Such  bridge  shall  in  such  case  be  constructed 
according  to  plans  and  specifications  prepared  by  the  county  superin¬ 
tendent  of  highways,  subject  to  the  approval  of  the  State  Highway 
Engineer. 

§  35.  Aid  from  county  board.]  When  it  is  necessary  to  construct 
or  repair  any  bridges  over  a  stream,  or  any  approach  or  approaches  there¬ 
to,  by  means  of  an  embankment  or  trestle  work  on  a  public  road,  in  any 
town  or  district  or  on  or  near  to  or  across  a  town  or  district  line,  in 
which  work  the  town  or  district  is  wholly  or  in  part  responsible,  and 
the  cost  of  which  will  be  more  than  twelve  cents  on  the  one  hundred 
dollars  on  the  latest  assessment  roll,  and  the  levy  of  the  road  and  bridge 
tax  for  two  years  last  past  in  said  town  or  district  was  in  each  year  for 
the  full  amount  allowed  by  law  to  be  raised  therein  for  all  road  and 


88 


bridge  purposes  except  for  damages  incurred  in  laying  out,  altering, 
widening  or  vacating  roads,  the  .major  part  of  which  levy  is  needed  for 
the  ordinary  repair  of  the  roads  and  bridges,  the  commissioner  of  high¬ 
ways  may  petition  the  county  board  for  aid,  and  if  the  foregoing  facts 
shall  appear,  the  county  board  shall  appropriate  from  the  county  treasury 
a  sum  sufficient  to  meet  one-half  of  the  expenses  of  said  bridge  or  other 
work,  on  condition  the  town  or  district  asking  aid  shall  furnish  the 
other  half  of  the  required  amount. 

Letting  contracts.]  When  it  is  determined  by  the  county  board  to 
grant  the  prayer  of  the  highway  commissioner  asking  aid  for  the  con¬ 
struction  of  such  bridge  or  other  expensive  work,  the  county  board  shall 
thereupon  enter  an  order  directing  the  county  superintendent  of  high¬ 
ways  to  prepare  plans  and  specifications  for  such  improvement.  The 
contract  for  such  improvement  shall  thereupon  be  let  in  the  manner 
authorized  by  said  county  board,  subject  to  provisions  of  the  law  relating 
to  the  letting  of  contracts:  Provided,  however,  that  no  county,  town  or 
road  district  shall  be  liable  for  any  part  of  such  expenses  or  compelled 
to  pay  any  part  of  its  appropriation  for  such  purpose  until  all  of  the 
work  has  been  fully  completed  and  accepted  by  the  county  superintend¬ 
ent  of  highways  and  such  acceptance  properly  certified  to  by  said  officer 
and  presented  to  the  county  board  at  a  meeting  held  after  the  completion 
of  said  work,  which  certificate  shall  contain  itemized  account  of  the 
expenditures;  and  a  copy  thereof  shall  also  be  filed  with  the  town  or 
district  clerk  as  the  case  may  be. 

§  36.  Bridges  built  by  two  counties.]  Bridges  over  streams 
which  divide  counties,  and  bridges  on  roads  on  county  lines,  and  bridges 
within  eighty  rods  of  county  lines,  shall  be  built  and  repaired  at  the 
expense  of  such  counties.  And  all  such  bridges  over  streams  which  form 
the  boundary  line  between  two  counties,  and  all  such  bridges  within  eighty 
rods  of  such  boundary  line,  when  the  cost  of  constructing  the  same  shall 
be  $5,000  or  over,  shall  be  built  by  such  counties  respectively  in  the 
proportion  that  the  taxable  property  in  each  county  respectively  bears 
to  each  other  according  to  its  assessed  value  as  equalized  at  the  time  of 
(constructing  such  bridge.  And  when  any  county  desires  to  build  any 
such  bridge  across  any  stream  which  is  the  boundary  line  between  such 
.county  and  another  county,  or  desires  to  build  any  such  bridge  within 
eighty  rods  of  such  boundary  line,  and  the  cost  of  such  bridge  will  equal 
or  exceed  $5;000,  and  the  county  desiring  to  construct  such  bridge  has 
appropriated  its  share  of  the  cost  of  constructing  the  same,  then  it  shall 
he  the  duty  of  such  other  county  to  make  an  appropriation  for  its  pro¬ 
portion  of  the  cost  of  said  bridge  on  the  basis  of  the  assessed  value  of 
the  property,  real  and  personal,  of  each  of  said  counties  according  to 
the  last  preceding  assessment  thereof  as  equalized,  and  if  such  other 
county  fails  or  refuses  to  make  an  appropriation  for  its  proper  propor¬ 
tion  of  the  cost  of  constructing  such  bridge,  any  court  of  competent 
jurisdiction  shall  issue  an  order  to  compel  such  county  to  make  such 
appropriation  upon  a  proper  petition  for  that  purpose,  and  the  cost  and 
expense  of  maintaining  and  keeping  the  same  in  repair  after  the  same 
is  built  and  constructed  shall  be  borne  in  the  proportion  of  the  assessed 
value  of  the  property  in  each  of  said  counties  according  to  the  latest 
equalized  assessment  thereof:  Provided,  that  for  the  building  and 


89 


maintaining  of  bridges  over  streams  near  county  lines  in  which  both  are 
interested  and  where  the  cost  thereof  is  less  than  $5,000,  the  expense  of 
building  and  maintaining  any  such  bridge  shall  be  borne  by  both  coun¬ 
ties  in  such  portion  as  shall  be  just  and  equitable  between  the  counties, 
taking  into  consideration  the  taxable  property  in  each,  the  location  of 
the  bridge,  and  the  advantage  of  each,  to  be  determined  by  th^  commis¬ 
sioner  in  making  contracts  for  the  same,  as  provided  for  in  section  37 
of  this  Act. 

§  37.  Contracts  by  commissioners  of  adjoining  counties.] 
For  the  purpose  of  building  or  keeping  in  repair  such  bridge  or  bridges, 
it  shall  be  lawful  for  the  county  boards  of  such  adjoining  counties,  to  enter 
into  joint  contracts,  and  such  contracts  may  be  enforced  in  law  or  equity 
against  such  county  boards,  and  such  county  boards  may  be  proceeded 
against  jointly,  by  any  parties  interested  in  such  bridge  or  brids^es,  for 
any  neglect  of  duty  in  reference  to  such  bridge  or  bridges,  for  any 
damage  growing  out  of  such  neglect. 

§  38.  Approaches  to  bridges  on  or  near  county  lines.]  Ap¬ 
proaches  to  all  bridges  built  and  constructed  under  and  by  virtue  of  the 
three  preceding  sections,  shall  be  built,  constructed  and  maintained  by 
the  respective  counties  within  which  such  approach  or  approaches  may 
be  located,  and  all  approaches  to  any  and  all  such  bridges  as  have  here¬ 
tofore  been  built  and  constructed. 

§  39.  Suit  on  joint  contract.]  If  the  county  board' of  any  such 
county,  after  reasonable  notice  in  writing  from  such  other  county  board 
shall  neglect  or  refuse  to  build  or  repair  any  such  bridge  when  any 
contract  or  agreement  has  been  made  in  regard  to  the  same,  it  shall 
be  lawful  for  the  county  board  so  giving  notice  to  build  or  repair  the 
same,  to  recover,  by  suit,  one-half  (or  such  amount  as  shall  have  been 
agreed  upon)  of  the  expense  of  so  building  or  repairing  such  bridge, 
with  costs  of  suit  and  interest  from  the  time  of  the  completion  thereof, 
from  the  county  board  so  neglecting  or  refusing. 

AETICLE  VI. 

Town  and  District  Organization  and  Administration  for  High¬ 
way  Purposes. 

m 

Subdivision  I. 

Organization:  Division  Into  Towns  and  Districts. 

§  40.  Town  and  district  organization  similar.]  For  all  pur¬ 
poses  relating  to  the  construction,  repair,  maintenance  and  supervision 
of  roads  and  bridges,  the  several  towns  in  counties  under  township 
organization,  and  road  districts  in  counties  not  under  township  organ¬ 
ization,  shall,  as  near  as  may  be,  and  subject  to  the  provisions  of  this 
Act,  be  regarded  as  analogous  in  corporate  authority,  and  the  powers 
and  duties  of  the  highway  officers  thereof  shall  be  similar  in  extent 
and  effect. 

§  41.  Counties  not  under  township  organization — Divisioi^ 
into  DISTRICTS.]  Countics  not  under  township  organization  shall  be 


90 


divided  into  road  districts  by  the  county  boards  thereof,  in  the  manner 
hereinafter  set  forth.  All  road  districts,  where  it  is  practicable,  shall 
be  composed  of  territory  not  less  than  a  congressional  township.  Frac¬ 
tional  or  whole  townships  may  be  added  to  other  fractional  or  whole 
townships.  The  districts  so  formed  shall  be  designated  by  some  number. 

(1)  Counties  ALREADY  DIVIDED  INTO  DISTRICTS.]  In  counties  not 
under  township  organization,  wherein  road  districts  are  already  now 
laid  out  and  established  under  the  provisions  of  an  Act  approved  May 
4,  1887,  in  force  July  1,  1887,  entitled,  ^^An  Act  to  provide  for  the 
organization  of  road  districts,  the  election  and  duties  of  officers  therein, 
and  in  regard  to  roads  and  bridges,  in  counties  not  under  township 
organization,  and  to  repeal  an  Act  and  parts  of  Acts  therein  named,” 
the  road  districts  already  laid  out  therein  by  the  county  boards  thereof 
shall  be  continued  in  existence,  unless  the  same  shall  be  altered  in  the 
manner  hereinafter  set  forth :  Provided,  however,  that  all  incorporated 
cities,-  towns  and  villages  which  have  heretofore  been  excluded  from 
road  districts  in  such  counties  shall  hereafter  be  included  therein,  and 
in  all  cases  where  necessary  therefor,  the  county  boards  of  such  counties 
shall  make  provision  to  create  such  city,  town  or  village  into  a  road 
district,  or  to  make  it  a  part  of  some  road  district  already  formed. 

(2)  Counties  not  already  so  divided.]  In  all  counties  not  un¬ 
der  township  organization,  and  operating  under  the  provisions  of  an 
Act  approved  May  10,  1901,  entitled,  ^^An  Act  in  regard  to  roads  and 
bridges,  and  to  provide  for  the  adoption  of  the  same,”  and  wherein  road 
districts  are  not  already  laid  out  and  established,  it  shall  be  the  duty  of 
the  county  boards  thereof,  at  their  first  session  after  this  Act  shall  be  in 
force  and  effect,  to  divide  such  counties  into  road  districts,  as  provided 
herein. 

(3)  Corporate  name  of  district.]  The  corporate  name  of  each 

district  shall  be  ^^Eoad  District  Xo . ,”  and  all  actions  by  or 

against  such  district  shall  be  in  its  corporate  name. 

(4)  Corporate  capacity  of  district.]  Every  district  so  organ¬ 
ized  shall  have  corporate  capacity  to  exercise  the  powers  granted  thereto, 
or  necessarily  implied  and  no  others.  It  shall  have  power:  (1)  To 
sue  and  be  sued.  (2)  To  acquire  by  purchase,  gift  or  devise,  and  td 
hold  property,  both  real  and  personal,  for  the  use  of  its  inhabitants,  and 
again  to  sell  and  convey  the  same.  (3)  To  make  all  such  contracts 
as  may  be  necessary  in  the  exercise  of  the  powers  of  the  district. 

(5)  Alteration  of  boundaries  of  road  districts.]  The  boad 
of  county  commissioners  of  each  county  shall  have  full  and  complete 
power  and  jurisdiction  to  alter  the  boundaries  of  road  districts  and  to 
change  road  district  lines  in  their  respective  counties  to  suit  the  con¬ 
venience  to  the  inhabitants  residing  therein,  but  no  such  change  shall 
be  made  under  the  provisions  of  this  Act  unless  at  least  twenty  of  the 
legal  voters  of  such  road  district  shall  petition  for  such  alteration  or 
change ;  nor  shall  such  alteration  or  change  be  made  by  such  board  of 
county  commissioners  without  notice  thereof  having  been  given  by  post¬ 
ing  up  notices  in  not  less  than  five  of  the  most  public  places  in  each 
of  the  several  towns  or  road  districts  interested  in  such  proposed  alter 
ations  or  changes. 


91 


Subdivision  II. 

Highway  Officers:  Their  Election,  Powers,  Duties  and  Compensation. 

§  42.  Town  and  district  road  officers — (a)  commissioners.] 
in  each  township  in  counties  under  township  organization  and  in  each 
road  district  in  counties  not  under  township  organization  there  shall  be 
a  board  of  highway  commissioners  consisting  of  three  members,  each 
of  whom  shall  serve  for  a  term  of  three  years  and  until  his  successor  is 
duly  elected  and  qualified,  and  who  shall  be  elected  in  the  manner  here¬ 
inafter  set  forth.  The  powers  and  duties  of  such  highway  commissioners 
shall  be  as  hereinafter  indicated. 

(B)  Clerk.]  In  counties  under  township  organization  the  town 
clerk  shall  act  as  the  clerk  of  the  board  of  highway  commissioners  of 
such  town.  In  counties  not  under  township  organization  there  shall 
be  elected  in  each  road  district  a  district  clerk,  who  shall  hold  his  office 
for  the  term  of  three  vears  and  until  his  successor  is  elected  and  qual¬ 
ified. 

(C)  Treasurer.]  In  counties  under  township  organization  the 
supervisor  of  each  town  shall  be  ex  officio  treasurer  of  the  road  and 
bridge  fund.  In  counties  not  under  township  organization  the  district 
clerk  shall  be  ex  officio  treasurer  of  such  fund. 

(D)  Who  eligible.]  No  person  shall  be  eligible  to  the  office  of 
highway  commissioner  unless  he  shall  be  a  legal  voter  and  have  been 
one  year  a  resident  of  such  town  or  district.  In  counties  not  under 
township  organization  the  same  limitation  shall  apply  to  the  district 
clerk. 

§  43.  Elections — provisions  generally  applicable.]  In  all 
counties  under  township  organization  the  highway  commissioners  shall 
be  elected  at  the  annual  town  meeting  and  subject  to  the  laws  governing 
the  same.  In  all  counties  not  under  township  organization  the  high¬ 
way  commissioners  and  the  district  clerk  shall  be  elected  at  annual 
elections  to  be  held  on  the  first  Tuesday  in  April  in  each  year.  Until 
the  first  annual  election  held  after  this  Act  becomes  effective,  the  several 
boards  of  highway  commissioners  and  clerks  now  in  office  shall  continue 
to  exercise  their  respective  powers  and  duties  as  heretofore.  At  such 
first  annual  election  held  after  this  Act  shall  become  effective,  there 
shall  be  elected  in  each  township  in  counties  under  township  organiza¬ 
tion,  and  in  each  road  district  in  counties  not  under  township  organiza¬ 
tion,  but  which  have  already  been  divided  into  districts,  one  commis¬ 
sioner  of  highways  as  the  successor  of  the  commissioner  of  highways 
whose  term  of  office  shall  then  expire.  Thereafter,  the  several  highway 
commissioners  then  in  office,  and  thereafter  elected,  shall  exercise  all 
the  functions,  powers  and  duties  provided  by  this  Act. 

§  44.  Same — counties  operating  under  special  act — pro¬ 
visions  applicable  to  first  ELECTION.]  In  all  counties  not  under  town- 
sliip  organization  which  are  operating  under  the  optional  Act  entitled, 
“^An  Act  in  regard  to  roads  and  bridges  in  counties  not  under  township 
organization,  and  to  provide  for  the  adoption  of  the  same,^’  approved  May 
10,  1901,  and  which  counties  therefore  are  not  already  divided  into  road 
districts  as  aforesaid,  the  county  board  of  each  of  said  counties  shall,  at 
least  twenty  days  before  the  first  Tuesday  in  April  next  after  this  Act 


92 


shall  become  effective,  designate  some  central  and  convenient  place  in 
each  district  for  the  holding  of  the  first  district  election,  and  shall  also 
appoint  three  suitable  electors  of  the  district  as  judges  of  the  election. 

Notices  of  first  election.]  The  county  clerk  shall  thereupon  make 
out  notices,  stating  the  time  (which  shall  be  the  first  Tuesday  in  April 
thereafter)  and  place  of  holding  the  first  district  election,  and  the  names 
of  the  judges  of  the  election  so  appointed,  and  deliver  such  notices  to 
the  sheriff  of  the  county  who  shall  cause  the  same  to  be  posted  in  not 
less  than  three  of  the  most  public  places  of  the  district,  and  not  less  than 
fifteen  days  before  the  time  of  holding  such  election. 

Officers  elected.]  At  such  first  election  there  shall  be  elected  three 
commissioners  of  highways  of  whom  one  shall  hold  his  office  for  one 
year,  one  for  two  years,  and  the  third  for  three  years,  to  be  determined 
between  them  by  lot  before  entering  upon  the  duties  of  their  office,  and 
until  their  respective  successors  are  elected  and  qualified.  At  such  first 
election  there  shall  also  be  elected  a  road  district  clerk  who  shall  hold 
his  office  for  three  years  and  until  his  successor  is  elected  and  qualified. 

Canvass  of  votes — ecspense.]  After  the  canvass  of  the  votes  the 
judges  shall  make  returns  as  provided  in  the  general  election  laws  of 
this  State,  to  the  county  clerk,  who  shall  make  a  canvass  of  the  votes  and 
immediately  notify  the  persons  elected  of  their  election.  The  expenses  of 
such  first  election  shall  be  paid  by  the  county. 

§  45.  Elections — counties  not  under  township  organization 
— PROVISIONS  relating  TO  THE  CONDUCT  THEREOF.]  In  all  counties  not 
under  township  organization  the  following  provisions  regarding  elections 
shall  be  applicable. 

Annual  election  for  district  officers — absence  of  officers.] 
The  annual  election  for  district  officers  shall  be  held  on  the  first  Tuesday 
in  April,  of  each  year,  at  the  place  designated  by  the  commissioners  of 
highways.  The  commissioners  of  highways  shall  be  ex  officio  judges, 
and  the  clerk  shall  be  ex  officio  clerk  of  all  district  elections,  but  before 
entering  upon  the  discharge  of  their  duties  they  shall  take  the  oath  of 
office  prescribed  by  the  general  election  law  of  the  State.  In  the  absence 
of  any  of  the  above  named  officers  the  vacancy  shall  be  filled  by  appoint¬ 
ment  by  the  commissioners  present,  and  in  case  there  is  no  commissioner 
present  the  electors  present  shall  appoint  such  judges. 

Notice  of  any  annual  or  special  election.]  Notice  of  the  time 
and  place  of  holding  any  annual  or  special  election  shall  be  given  by  the 
district  clerk,  or,  in  his  absence,  by  the  commissioners,  by  posting  written 
or  printed  notices  in  at  least  three  of  the  most  public  places  in  the  dis¬ 
trict,  at  least  fifteen  days  prior  to  such  election. 

District  election — how  conducted.]  The  district  elections  shall 
be  conducted  in  the  same  manner  and  subject  to  the  same  laws  and 
regulations  as  prescribed  for  general  elections :  Provided,  that  no  regis¬ 
tration  of  voters  shall  be  required. 

Who  entitled  to  vote.]  All  persons  possessing  the  qualifications 
of  voters,  who  reside  within  the  boundaries  prescribed  for  such  district 
shall  be  entitled  to  vote  at  such  election. 

Canvass  of  votes — certificate,  poll  list  and  ballots  sealed 
AND  sent  to  district  CLERK.]  The  judges  shall,  immediately,  upon  clos¬ 
ing  the  polls,  make  a  canvass  of  the  votes  polled  in  the  manner  provided 


93 


by  the  general  election  law  of  the  State,  and  make  a  written  statement  or 
certificate  of  the  number  of  votes  cast  at  such  election  for  each  person 
or  proposition  voted  for,  and  the  office  for  which  such  person  received 
such  vote,  and  shall,  within  forty-eight  hours  thereafter,  cause  such  cer¬ 
tificate  and  poll  list,  together  with  the  ballots  cast  at  such  election,  to 
be  separately  sealed  up  and  transmitted  to  the  district  clerk  to  be  filed 
and  preserved  by  him. 

Canvass  of  returns — notice  of  result  of  election  to  voters.] 
The  commissioners  of  highways,  together  with  some  justice  of  the  peace 
to  be  by  them  selected,  and  the  district  clerk  shall,  within  five  days 
after  any  election  is  held,  meet  and  canvass  said  returns,  and  declare 
the  result  of  said  election.  The  canvass  being  completed,  a  statement 
of  the  result  shall  be  entered  at  large,  by  the  clerk  of  election,  in  the 
minutes  of  the  proceedings,  to  be  kept  by  him  as  required  by  this  Act, 
which  shall  be  publicly  read  by  him  to  the  electors  present;  and  such 
reading  shall  be  deemed  notice  of  the  result  of  the  election,  to  every 
person  whose  name  shall  be  entered  on  the  poll  list  as  a  voter. 

Drawing? LOTS  in  case  of  tie — notice.]  In  case  two  or  more  per¬ 
sons  shall  have  an  equal  number  of  votes  for  the  same  office,  the  ques¬ 
tion  of  which  shall  be  entitled  to  the  office  shall  be  decided  by  lot,  un¬ 
der  direction  of  the  district  clerk,  but  he  shall  give  each  party  at  least 
five  days’  notice  of  the  time  and  place  of  drawing  lots. 

Notice  of  election  to  persons  elected — filing  list  of  officers 
ELECTED  IN  OFFICE  OF  COUNTY  CLERK.]  The  clerk,  within  ten  days 
after  the  canvass  of  the  votes  as  hereinbefore  provided  in  this  section, 
shall  transmit  to  each  person  elected  to  any  district  office,  a  notice  of 
his  election.  He  shall  also  file  in  the  office  of  the  county  clerk  a  list 
of  the  names  of  all  district  officers  elected  at  such  election,  who  have 
qualified,  within  twenty  days  after  such  election  shall  be  held. 

§  46.  Oath  required.]  Every  person  elected  or  appointed  to  the 
office  of  commissioner  of  highways,  and  every  district  clerk  in  counties 
not  under  township  organization,  before  he  enters  upon  the  duties  of  his 
office,  and  within  ten  days  after  he  shall  be  notified  of  his  election  or 
appointment,  shall  take  and  subscribe,  before  some  justice  of  the  peace 
or  district  or  town  clerk,  the  oath  or  affirmation  of  office  prescribed  by 
the  Constitution,  which  oath  shall,  within  five  days  thereafter,  be  filed 
with  the  district  or  town  clerk. 

In  counties  under  township  organization,  no  additional  oath  shall  be 
required  of  the  town  clerk,  to  enable  him  to  enter  upon  the  discharge 
of  the  duties  of  his  office  as  ex  officio  clerk  of  the  board  of  highway  com¬ 
missioners. 

Neglect  to  take  oath — refusal  to  serve.]  If  any  person  elected 
or  appointed  to  either  of  the  offices  above  enumerated,  shall  neglect  to 
take  and  subscribe  such  oath,  and  cause  the  same  to  be  filed  as  above 
required,  such  neglect  shall  be  deemed  a  refusal  to  serve. 

§  47.  When  term  of  commissioner  or  clerk  expires,  successor 
to  demand  books,  papers,  etc.]  When  the  term  of  any  commissioner 
of  highways  or  clerk  shall  expire,  and  other  persons  shall  be  appointed 
to  such  office,  it  shall  be  the  duty  of  such  successor,  immediately  after 
he  shall  have  entered  upon  the  duties  of  his  office,  to  demand  of  his 


94 


predecessor  all  the  books,  papers,  moneys  and  other  property  under  his 
control,  belonging  to  such  office. 

When  office  becomes  vacant  by  besignation  or  otherwise — de¬ 
mand,  ETC.]  Whenever  either  of  the  officers  above  named  shall  resign, 
or  the  office  become  vacant  in  any  way,  and  another  person  shall  be 
elected  or  appointed  in  his  stead,  the  person  so  elected  or  appointed 
shall  make  such  demand  of  his  predecessor,  or  of  any  person  having 
charge  of  such  books,  papers,  moneys  or  other  property. 

Delivering  upon  oath  all  records,  books,  etc. — oath,  by  whom 
ADMINISTERED.]  It  shall  be  the  duty  of  every  person  so  going  out  of 
office,  whenever  thereto  required  pursuant  to  the  foregoing  provisions, 
to  deliver  up  on  oath,  all  the  records,  books,  papers,  moneys  and  other 
property  in  his  possession  or  in  his  control  belonging  to  the  office  held 
by  him;  which  oath  may  be  administered  by  the  officer  to  whom  such 
delivery  shall  be  made. 

§  48.  Vacancies  in  office^ — counties  under  township  organi¬ 
zation.]  In  counties  under  township  organization  the  provisions  of 
law  applicable  to  resignations  from  town  offices,  and  the^filling  of  vacan¬ 
cies  therein,  shall  apply  to  highway  officers  in  the  same  manner  as  to 
other  town  officers. 

§  49.  Same — counties  not  under  township  organization.]  In 
counties  not  under  township  organization  the  following  provisions  shall 
be  applicable  relating  to  vacancies  in  road  district  offices: 

Vacancy  in  office — how  filled — powers  of  persons  ap¬ 
pointed.]  Whenever  any  district  shall  fail  to  elect  the  proper  number  of 
district  officers  to  which  such  district  may  be  entitled  by  law,  or  when  any 
person  elected  to  any  district  office  shall  fail  to  qualify,  or  whenever  any 
vacancy  shall  happen  in  any  district,  from  death,  resignation,  removal 
from  the  district  or  other  cause,  it  shall  be  the  duty  of  the  county  board 
to  fill  such  vacancy  by  certificate  under  the  hand  and  seal  of  the  county 
clerk ;  and  the  persons  so  appointed  shall  hold  their  respective  offices 
until  the  next  annual  election,  and  until  their  successors  are  elected 
and  qualified;  and  shall  have  the  same  powers  and  be  subject  to  the 
same  duties  and  penalties  as  if  they  had  been  duly  elected  by  the 
electors. 

Certificate  of  appointment.]  When  any  appointment  shall  be 
made,  as  aforesaid,  the  county  clerk  shall  cause  the  certificate  of  ap¬ 
pointment  to  be  forthwith  filed  in  the  office  of  the  district  clerk,  who^ 
shall  immediately  give  notice  to  each  person  appointed. 

Justice  of  peace  may  accept  resignation  of  officer — notice.] 
Any  justice  of  the  peace  residing  in  such  district,  or  if  there  be  no 
justice  residing  in  such  district,  then  any  justice  in  the  county,  may, 
for  sufficient  cause  shown  to  him,  accept  the  resignation  of  any  district 
officer  of  his  district,  and  whenever  he  shall  accept  any  such  resignation, 
he  shall  forthwith  give  notice  thereof  to  the  district  clerk  of  the  district, 
or  in  his  absence,  to  the  president  of  the  board  of  commissioners  of 
highways,  who  shall  make  a  minute  thereof  upon  the  district  records. 
He  shall  also  immediately  give  notice  to  ihe  county  clerk  of  any  vacancy 
that  may  exist  in  any  district  office. 


95 


§  50.  Meetings,  powers  and  duties  of  highway  commissioners 
(a)  meetings.]  The  commissioners  of  highways  of  each  town  or 
id  district  shall  meet  on  the  second  Tuesday  next  after  the  annual  town 
leting  or  road  district  election,  in  each  year,  at  the  office  of  the  town 
district  clerk,  and  shall  organize  as  a  board  by  electing  one  of  their 
mber  president.  They  shall  also  hold  a  regular  semi-annual  meet- 
y  between  the  first  Tuesday  in  August  and  the  first  Tuesday  in  Sep- 
nber  of  each  year,  at  a  time  to  be  named  by  their  president,  for  the 
rpose  of  determining  the  tax  rate  to  be  certified  by  them  to  their 
spective  county  boards,  as  hereinafter  provided.  Said  board  shall 
;o  hold  other  regular  meetings  at  such  times  as  they  shall  designate, 
d  special  meetings  as  occasion  may  require  at  the  call  of  the  president, 
any  two  of  the  commissioners,  and  no  official  business  shall  be  trans- 
ted  by  the  board  except  at  a  regular  or  special  meeting.  The  con- 
rrence  of  at  least  two  commissioners  shall  be  required  in  all  official 
lions  taken  by  the  board  as  a  body,  and  all  certificates  or  documents 
reinafter  required  to  be  made  or  executed  by  the  board  of  highway 
mmissioners  shall  be  signed  by  at  least  two  members  of  said  board. 

(B)  General  powers  and  duties.]  The  highway  commissioners 
each  town  or  road  district  shall  have  power  and  it  shall  be  their 
ty; 

(1)  To  lay  out,  alter,  widen  or  vacate  roads  as  hereinafter  pro- 
led. 

(2)  To  cause  such  roads  used  as  highways  as  have  been  laid  out  or 
dicated  to  public  use,  but  not  sufficiently  described,  and  such  as  have 
en  used  for  twenty  years,  but  not  recorded,  to  be  ascertained,  described 
d  entered  of  record  in  the  office  of  the  district  or  town  clerk. 

(3)  To  determine  the  taxes  necessary  to  be  levied  on  property 
thin  his  town  or  district  for  road  and  bridge  purposes,  subject  to  the 
citations  hereinafter  provided. 

(4)  To  direct  the  expenditure  of  alj  moneys  collected  in  the  town 
district  for  road  and  bridge  purposes  and  to  draw  warrants  on  the 

vn  or  district  treasurer  therefor. 

(5)  To  direct  the  construction  and  repair  of  roads  and  bridges 
thin  the  town  or  district,  to  let  contracts,  employ  labor  and  purchase 
iterial  and  machinery  therefor,  subject  to  the  limitations  herein  pro- 
led  :  Provided,  however,  that  no  contract  shall  be  let  for  the  con- 
'uction  or  repair  of  any  road  or  bridge  or  part  thereof  in  excess  of 
B  amount  of  $200,  nor  shall  any  machinery  or  other  appliances  to  be 
ed  in  road  construction  in  excess  of  such  amount  be  purchased  with- 
t  the  approval  of  the  county  superintendent  of  highways. 

(6)  To  have  general  charge  of  the  roads  and  bridges  of  their  town 
district,  to  keep  the  same  in  repair  and  to  improve  them  so  far  as 

acticable. 

(7)  To  take  possession  of  and  keep  under  shelter,  when  not  in  use, 
scrapers,  plows  and  other  tools  belonging  to  the  town  or  district 

lerever  the  same  may  be  found,  and  not  allow  the  same  to  go  to  waste, 
d  not  lend  the  same,  except  to  persons  employed  to  work  the  roads 
contract  or  otherwise. 

(8)  To  cause  to  be  erected  and  kept  in  repair  at  the  forks  or  cross- ' 
g  place  of  the  most  important  public  roads,  post  and  guide  boards. 


96 


with  plain  inscription  thereon,  in  letters  and  figures,  giving  directions 

and  distances  to  the  most  noted  places  to  which  such  road  may  lead;  to 
prevent  thistles,  burdock,  cockleburs,  mustard,  yellow-dock,  Indian  mal¬ 
low  and  gympson  weed  from  seeding,  and  to  extirpate  the  same  so  far 
as  practicable ;  and  to  prevent  all  rank  growth  of  vegetation  in  the  public 
highway  by  causing  the  same  to  be  cut  and  destroyed  prior  to  the  seeding 
of  the  same,  and  at  the  farthest  prior  to  September  1st,  in  each  and 
every  year;  and  the  said  commissioners  may,  at  their  discretion,  adopt 
any  suitable  and  convenient  mode  of  supplying  water  in  troughs  con¬ 
veniently  situated  on  the  public  highway  for  public  use. 

(9)  To  issue  their  warrant  or  order  on  the  treasurer  of  the  board 
of  highway  commissioners  for  the  payment  of  all  moneys  paid  out  by 
such  treasurer. 

(C)  Eeport.]  The  highway  commissioners  shall  annually  make 
report  in  writing  showing: 

(1)  The  amount  of  poll  tax  assessed,  how  much  paid,  and  how 
much  delinquent. 

(2)  The  amount  of  road  and  bridge  money  received  by  him,  and  a 
full  and  detailed  statement  as  to  how  and  where  expended,  and  the 
balance,  if  any,  unexpended. 

(3)  The  amount  paid  for  damages  in  laying  out,  altering,  widen¬ 
ing  or  vacating  roads,  and  right-of-way  for  ditches. 

(4)  The  amount  of  liabilities  incurred  and  not  paid;  and  if  such 
liabilities  are  undetermined,  they  shall  be  estimated. 

(5)  Any  additional  matter  concerning  the  roads  and  bridges  of  the 
district  he  may  think  expedient  and  proper  to  make. 

In  counties  under  township  organization  such  report  shall  be  made 
to  the  board  of  town  auditors  at  the  semi-annual  meeting  immediately 
preceding  the  annual  town  meeting.  In  counties  not  under  township 
organization  such  report  shall  be  made  not  later  than  the  last  Tues¬ 
day  in  March  to  the  district  clerk  who  shall  file  the  same  in  his  office 
and  he  shall  record  such  report  at  large  in  the ’records  of  said  road  dis¬ 
trict. 

§  51.  Duties  of  clerk.]  The  town  or  district  clerk  shall  have  the 
custody  of  all  records,  books  and  papers  of  the  town  or  road  district, 
and  he  shall  duly  file  all  certificates  or  oaths  and  other  papers  required 
by  law  to  be  filed  in  his  office.  He  is  authorized  to  administer  oaths 
and  take  affidavits  in  all  cases  required  by  law  to  be  administered  by 
town  or  district  officers.  The  duties  of  the  clerk  shall  further  include : 

(1)  Recording  orders  of  commissioners.]  He  shall  record  in 
the  book  of  records  of  his  district,  all  orders  and  directions  of  the  high¬ 
way  commissioners  required  by  law  to  be  kept,  and  as  hereinafter  pro¬ 
vided  for.  All  records  and  books  required  by  law  to  be  kept  by  such 
clerk  shall  be  deemed  public  records  and  shall  at  all  times  be  open  to 
inspection  without  fee  or  reward.  The  clerk  shall  also  meet  with  the 
highway  commissioners  whenever  requested  at  any  reasonable  time  to 
do  so  by  the  latter  official. 

(2)  Books  and  stationery  for  office.]  The  district  clerk  shall, 
from  time  to  time  as  may  be  necessary,  procure  the  proper  books  and 
stationery  for  his  office  and  the  cost  thereof  shall  be  paid  out  of  the 
town  or  district  treasury. 


97 


(3)  Copy  op  papers  and  transcripts  prom  records — evidence.] 
Copies  of  all  papers  duly  filed  in  the  office  of  the  town  or  district  clerk 
and  transcripts  from  the  town  or  district  records  certified  to  by  him 
shall  be  evidence  in  all  courts  in  like  effect  as  if  the  originals  were 
produced. 

§  52.  Treasurer.]  The  treasurer  of  the  road  and  bridge  fund 
shall  receive  and  have  charge  of  all  moneys  raised  in  the  town  or  dis¬ 
trict  for  the  support  and  maintenance  of  roads  and  bridges  therein,  and 
for  road  damages,  excepting  such  portions  of  the  moneys  as  hereinafter 
directed  to  be  paid  to  the  authorities  of  incorporated  villages,  towns  and 
cities.  He  shall  hold  such  moneys  at  all  times  subject  to  the  commis¬ 
sioners  of  highways,  and  shall  pay  them  over  upon  the  order  of  not  less 
than  two  of  them,  and  not  otherwise.  He  shall  keep  an  account  in  a 
book  provided  by  the  commissioners  of  all  moneys  received,  and  all 
moneys  paid  out,  showing  in  detail  to  whom  and  on  what  account  the 
same  is  so  paid. 

(1)  Bond.]  The  supervisor  or  clerk,  as  the  case  may  be,  before 
becoming  entitled  to  act  as  treasurer,  and  within  ten  days  after  his 
election,  shall  execute  a  bond  in  double  the  amount  of  moneys  likely 
to  come  into  his  hands  by  virtue  of  this  Act,  conditioned  that  he  will 
faithfully  discharge  his  duties  as  such  treasurer,  that  he  will  honestly 
and  faithfully  account  for  and  pay  over,  upon  the  proper  orders,  all 
moneys  coming  into  his  hands  as  treasurer,  and  the  balance,  if  any, 
to  his  successor  in  office.  Such  bond  shall  be  payable  to  the  town  or 
district,  and  shall  be  in  such  sum  as  the  commissioners  of  highways 
shall  determine.  Said  bond  shall  be  approved  by  the  commissioners  of 
highways,  and  shall  be  filed  in  the  office  of  the  county  clerk  with  such 
approval  endorsed  thereon :  Provided,  that  if  from  any  cause  the  com¬ 
missioners  of  highways  shall  deem  the  bond  so  given  insufficient,  they 
may  require  a  new  bond:  And,  'provided,  further,  that  the  commis¬ 
sioners  shall  have  the  right  to  fix  any  other  sum  to  be  required  in  any 
new  bond  so  given.  The  commissioners  of  highways  shall  have  power 
to  bring  suit  upon  such  bond  for  any  loss  or  damage  accruing  to  the 
town  or  district  by  reason  of  any  non-performance  of  duty,  or  defalca¬ 
tion  on  the  part  of  the  said  treasurer. 

(2)  Itemized  statement  op  receipts  and  disbursements.]  The 
treasurer  shall  also  present  annually  on  the  first  Tuesday  in  April  to  the 
highway  commissioners  an  itemized  statement  of  receipts  and  disburse¬ 
ments  which  shall  be  sworn  to. 

§  53.  Compensation  of  officers — commissioners.]  The  com¬ 
missioners  shall  each  receive  for  each  day  necessarily  employed  in  the 
discharge  of  their  duties  the  sum  of  two  dollars  ($2.00)  upon  a  sworn 
statement  to  be  filed  by  such  commissioner  in  the  office  of  the  town  or 
district  clerk  showing  the  number  of  days  he  was  employed  and  the 
kind  of  employment,  and  giving  the  dates  thereof. 

Clerk.]  The  town  or  district  clerk  shall  receive  two  dollars  per  day 
for  each  day  he  shall  be  required  to  meet  with  the  highway  commis¬ 
sioners,  and  the  same  amount  per  day  for  the  time  he  shall  be  employed 
as  clerk  of  election,  or  in  canvassing  the  returns  of  such  election.  He 
shall  receive  no  other  per  diem.  In  addition  to  the  above  he  shall 

— 7  L  L 


98 


also  receive  fees  for  the  following  services,  to  be  paid  out  of  the  town 
or  district  funds,  except  where  otherwise  specified.  For  serving  notice 
of  election  or  appointment  upon  district  officers,  as  required  by  this 
Act,  twenty-five  cents  each.  For  posting  up  notices  required  by  law, 
twenty-five  cents  each..  For  copying  any  record  in  his  office  and  certify¬ 
ing  to  the  same,  ten  cents  for  every  hundred  words,  to  be  paid  by  the 
person  applying  for  the  same. 

Treasurer. J  d'lie  ex  officio  treasurer  shall,  in  addition  to  the  other 
compensation  to  which  he  is  by  law  entitled,  receive  two  per  cent  on  all 
moneys  paid  out  by  him  up  to  and  including  two  thousand  dollars  and 
one  per  cent  on  all  moneys  paid  out  by  him  in  excess  of  two  thousand 
dollars,  excepting  such  amounts  as  shall  have  been  paid  to  his  successor, 
also  except  all  moneys  paid  out  in  payment  of  bonds  or  other  borrowed 
money. 

Justice  of  the  peace.]  The  justice  of  the  peace  whose  services  are 
required  by  this  Act,  shall  receive  the  sum  of  two  dollars  per  day  for 
his  services. 

§  54.  Offenses  and  penalties.]  If  any  highway  commissioner 
shall  wilfully  refuse  to  perform  any  of  the  duties  enjoined  upon  him  by 
this  Act,  he  shall  forfeit  not  less  than  ten  dollars  nor  more  than  fifty 
dollars,  and  may  be  proceeded  against  in  the  name  of  the  town  or  district 
for  the  recovery  of  such  forfeiture  before  any  court  of  the  proper  county 
having  jurisdiction. 


Subdivision  III. 

The  Raising  of  Revenue  for  Highway  Purposes  and  the  Application 

Thereof, 

§  55.  Poll  tax.]  At  their  annual  meeting  to  be  held  on  the  second 
Tuesday  after  the  annual  town  meeting  or  district  election  in  each  year, 
each  board  of  highway  commissioners  shall  make  out  a  list  of  able- 
bodied  men  in  their  town  or  district  between  the  ages  of  twenty-one  (21) 
and  fifty  (50)  years  and  deliver  the  same  to  the  town  or  district  treasurer 
on  or  before  the  first  day  of  May  in  each  year,  and  assess  at  such  meeting 
against  such  person  upon  such  list  a  sum  of  not  less  than  one  (1)  nor 
more  than  three  (3)  dollars,  as  a  poll  tax  for  highway  purposes,  to  be 
paid  in  cash  to  such  treasurer  by  the  first  Monday  of  June  of  each  year: 
Provided,  that  paupers,  idiots,  lunatics  and  such  others  as  are  exempt  by 
law  shall  not  be  compelled  to  pay  a  poll  tax  for  highway  purposes : 
Provided,  also,  that  this  list  shall  not  include  persons  within  the  limits 
of  cities  or  incorporated  villages.  The  commissioners  shall  also,  within 
ten  (10)  days  after  such  list  is  delivered  to  the  treasurer  of  the  road 
and  bridge  fund,  cause  written  or  printed  notices  to  be  given  to  each 
person  so  assessed,  notifying  him  of  the  time  when  and  place  where  such 
tax  must  be  paid,  and  if  this  poll  tax  shall  not  be  paid  by  the  first 
Monday  of  June  in  such  year  it  shall  be  the  duty  of  the  commissioners 
of  highways,  in  the  name  of  the  district  or  town,  to  bring  suit  therefor 
against  such  persons  before  some  justice  of  the  peace  having  jurisdiction 
thereof.  Summons  shall  be  issued  and  returned  in  the  same  manner  as 
provided  by  law  in  other  cases.  If  judgment  is  rendered  against  defend¬ 
ant  the  court  shall  find  in  such  judgment  that  the  same  is  for  poll  tax 


99 


unpaid,  and  shall  endorse  the  same  on  the  execution,  if  one  is  issued.  No 
property  belonging  to  the  .defendant  shall  be  exempt  from  levy  to  satisfy 
such  execution :  Provided,  also,  that  on  petition  of  not  less  than  twenty- 
five  (25)  legal  voters  of  any  town  or  district,  asking  to  have  the  propo¬ 
sition  to  abolish  the  poll  tax  submitted  to  the  legal  voters  of  said  town, 
or  district,  filed  with  the  town  or  district  clerk  not  less  than  fifteen  (15) 
days  before  the  annual  town  meeting  or  annual  district  election,  then 
the  town  or  district  clerk  shall  state  in  the  notice  of  the  annual  town 
meeting  or  district  election  that  the  legal  voters  of  such  town  or  district 
may  vote  by  ballot  for  or  against  the  payment  of  all  poll  tax,  and  if  a 
majority  of  all  the  ballots  cast  are  against  the  payment  of  a  poll  tax,  then 
that  part  of  this  section  which  provides  for  the  levying  of  a  poll  tax 
shall  no  longer  be  in  force  in  such  town  or  district. 

(1)  CONSTABLE^S  DUTY  HAVING  EXECUTION  FOR  POLL  TAX.]  The 
constable  to  whom  such  execution  shall  be  delivered  shall  forthwith  col¬ 
lect  the  moneys  therein  mentioned.  He  shall  pay  the  money  so  collected, 
when  collected,  to  the  justice  of  the  peace  who  issued  the  execution,  who 
is  hereby  required  to  pay  the  same  to  the  treasurer. 

§  56.  General  tax  levy  for  road  and  bridge  purposes.]  At  a 
regular  meeting  to  be  held  on  the  first  Tuesday  in  September  the  board 
of  highway  commissioners  in  each  town  or  road  district  shall  annually 
determine  and  certify  to  the  board  of  supervisors  or  board  of  county 
commissioners  the  amount  necessary  to  be  raised  by  taxation  for  the 
proper  construction,  maintenance  and  repair  of  roads  and  bridges  in 
such  town  or  road  district.  Such  certificate  shall  be  filed  in  the  office 
of  the  county  clerk,  and  by  that  official  presented  to  the  county  board  at 
their  regular  September  meeting  for  their  consideration.  The  amount 
so  certified  if  approved  by  the  county  board,  or  such  part  thereof  as  the 
said  board  shall  approve  shall  be  extended  by  the  county  clerk  as  taxes 
against  the  taxable  property  of  such  town  or  district:  Provided,  how¬ 
ever,  that  the  county  clerk  shall  not  extend  against  the  taxable  property 
of  any  town  or  road  district  a  rate  in  excess  of  sixty-one  (61)  cents  on 
each  one  hundred  dollars  valuation  of  the  taxable  property  of  the  town 
or  district,  and  if  the  amount  of  taxes  approved  by  the  county  board 
shall  be  in  excess  of  such  rate  it  shall  be  the  duty  of  the  clerk  to  reduce 
the  same  to  said  rate  of  sixty-one  cents  upon  each  one  hundred  dollars 
of  the  assessed  valuation  of  said  town  or  district. 

§  57.  Copy  of  certificate  to  be;  preserved.]  The  commissioners 
of  highways  of  each  town  or  district  in  addition  to  certifying  to  the 
county  board  the  amount  necessary  to  be  raised  by  said  town  or  district 
for  road  and  bridge  purposes  therein,  shall  also  within  the  dates  aforesaid 
make  out  and  deliver  to  the  town  or  district  clerk  a  copy  of  such  certifi¬ 
cate  to  be  kept  on  file  by  such  clerk  for  the  inspection  of  the  inhabitants 
of  such  town  or  district :  Provided,  however,  that  a  failure  to  file  such 
copy  shall  not  affect  the  validity  of  the  certificate  filed  with  the  county 
clerk,  or  of  the  tax  levied  pursuant  thereto :  Provided,  further,  that  the 
toAm  or  district  clerk  shall  not  certify  levies  of  road  and  bridge  taxes  to  • 
the  county  clerk. 

§  58.  Damages  for  laying  out  roads,  etc. — tax  levy  fqr.] 
When  damages  have  been  agreed  upon,  allowed  or  awarded  for  laying  out, 
widening,  altering  or  vacating  roads  or  for  ditching  to  drain  roads,  the 


100 


amounts  of  such  damages;,  not  to  exceed  for  any  one  year  twenty  cents 
on  each  one  hundred  dollars  of  the  taxable  property  of  the  town  or 
district  shall  be  included  in  the  first  succeeding  tax  levy,  provided  for 
in  section  56  of  this  Act,  and  be  in  addition  to  the  levy  for  road  and 
bridge  purposes ;  and  when  collected,  shall  constitute  and  be  held  by  the 
treasurer  of  the  road  and  bridge  fund  as  a  separate  fund  to  be  paid  out 
to  the  parties  entitled  to  receive  the  same.  It  shall  be  the  duty  of  the 
commissioners  of  highways  at  the  time  of  certifying  the  general  tax  levy 
for  road  and  bridge  purposes  within  their  town  or  district  to  include 
and  separately  specify  in  such  certificate  the  amount  necessary  to  be 
raised  by  taxation  for  the  purpose  of  paying  such  damages.  Upon  the 
approval  by  the  county  board  of  the  amount  so  certified,  as  provided  in 
the  preceding  section,  the  county  clerk  shall  extend  the  same  against  the 
taxable  property  of  said  town  or  district,  provided  the  amount  thus 
approved  shall  not  be  in  excess  of  twenty  cents  on  each  one  hundred 
dollars  of  the  taxable  property  therein. 

§  59.  Tax  rate — extension  and  collection  of  taxes.]  All 
items  of  tax  levy  of  any  town  or  district  authorized  by  sections  56  and  58 
of  this  Act  shall  be  extended  by  the  county  clerk  as  one  tax  upon  the  col¬ 
lector's  book  and  when  collected  shall  be  paid  to  the  treasurer  of  the 
commissioners  of  highways  by  the  collector  as  fast  as  the  same  is  col¬ 
lected,  except  such  rate  per  cent  as  shall  be  allowed  for  collecting  the 
same :  Provided,  that  one-half  the  tax  required  to  be  levied  in  section 
56  and  collected  for  road  and  bridge  purposes,  on  the  property  lying 
within  an  incorporated  village,  town  or  city  in  which  the  streets  and 
alleys  are  under  the  care  of  the  corporation,  shall  be  paid  over  to  the 
treasurer  of  such  village,  town  or  city,  to  be  appropriated  to  the  improve¬ 
ment  of  roads,  streets  and  bridges,  either  within  or  without  said  village, 
town  or  city,  and  within  the  township,  under  the  direction  of  the  corpo¬ 
rate  authorities  of  such  village,  town  or  city :  And,  provided,  further, 
that  when  any  of  said  tax  is  expended  beyond  the  limits  of  said  village, 
town  or  city,  it  shall  be  with  the  consent  of  the  highway  commissioners 
of  the  township  or  road  district. 

§  60.  Eoad  damages — orders  out  of  tax  to  be  levied.]  AATien- 
ever  damages  have  been  allowed  for  roads  or  ditches,  the  commissioner  of 
highw^ays  may  draw  orders  on  the  treasurer,  payable  only  out  of  the  tax 
to  be  levied  for  such  roads  or  ditches,  when  the  money  shall  be  collected 
or  received,  to  be  given  to  persons  damaged. 

§  61.  Bonds  may  be  issued  by  vote  of  special  town  or  district 
meeting  to  build  bridge,  etc.]  When  the  highway  commissioners 
desire  to  expend  on  any  bridge  or  other  distinct  and  expensive  work  on 
the  road,  a  greater  sum  of  money  than  is  available  to  them  by  other 
means,  the  said  commissioners  may  call  a  special  town  or  district  elec¬ 
tion  to  vote  on  the  proposition,  which  shall  be  clearly  stated  in  the 

petition  substantially  as  follows:  ^^To  borrow  $ .  to  construct 

or  repair  (describe  the  bridge  or  other  work).^’  Upon  determining  to 
call  such  election  the  highway  commissioners  shall  order  the  town*  or 
district  clerk,  by  a'n  instrument  in  writing  to  be  signed  by  them,  to  post 
up  in  ten  of  the  most  public  places  in  said  town  or  district,  notices  of 
such  special  town  or  district  meeting;  which  notice  shall  state  the  object, 
time  and  place  of  meeting,  the  maximum  sum  to  be  borrowed,  and  the 


101 


manner  in  which  the  voting  is  to  be  had,  which  shall  invariably  be  by 
ballot,  and  shall  be  ^Tor  borrowing  money  to  (here  define  the  pur¬ 
pose), or  ^^Against  borrowing  money  to  (here  define  the  purpose)/^ 
The  special  town  or  district  election  shall  be  held  at  the  place  of  the 
last  annual  town  or  district  meeting  or  election  by  giving  at  least  ten 
days^  notice,  and  returns  thereof  made  in  the  same  manner  as  other 
special  town  or  district  elections  are  now,  or  may  hereafter  be  provided 
by  law;  and  if  it  shall  appear  that  a  majority  of  the  legal  voters  voting 
at  said  election  shall  be  in  favor  of  said  proposition  the  said  commis¬ 
sioners  of  highways  and  town  or  district  clerk,  as  the  case  may  be,  shall 
issue  from  time  to  time,  as  the  work  progresses,  a  sufficient  amount  in 
the  aggregate  of  the  bonds  of  said  town  ot  district  for  the  purpose  of 
building  such  bridge,  or  other  distinct  and  expensive  work;  said  bonds 
to  be  of  such  denominations,  bear  such  rate  of  interest,  not  exceeding  six 
per  cent,  upon  such  time,  and  be  disposed  of  as  the  necessities  and  con¬ 
veniences  of  said  town  or  district  officers  require ;  Provided,  that  said 
bonds  shall  not  be  sold  or  disposed  of  for  less  than  their  par  value,  and 
such  town  or  district  shall  provide  for  the  payment  of  such  bonds  by 
appropriate  taxation. 

§  62.  Eoad  and  BKiDGE  MONEY — HOW  PAID.]  All  road  and  bridge 
moneys  of  any  town  or  road  district  shall  be  held  by  the  treasurer  of 
the  road  and  bridge  fund  subject  to  the  order  of  the  commissioners  of 
highways. 


Subdivision  IV. 

Provisions  Specially  Applicable  to  Bridges  and  Improvements  Con¬ 
structed  or  Repaired  at  the  Joint  Expense  of  Two 
Adjoining  Towns  or  Districts. 

§  63.  Bkidges  built  by  two  towns  or  districts.]  Bridges  over 
streams  which  divide  towns  or  districts  and  bridges  over  streams  on 
roads  on  town  or  district  lines,  and  bridges  within  eighty  rods  of  town  or 
district  lines  over  streams  on  roads  extending  from  one  town  or  district 
into  another  town  or  district  and  crossing  town  or  district  lines,  shall  be 
built  and  repaired  at  the  expense  of  such  towns  or  districts :  •  Provided, 
that  the  expense  of  building  and  maintaining  any  bridge  over  a  stream 
near  town  or  district  lines  in  which  both  are  interested  and  where  the 
cost  thereof  is  less  than  $5,000,  shall  be  borne  by  both  towns  or  districts 
in  such  portion  as  shall  be  just  and  equitable  between  said  towns  or  dis¬ 
tricts,  taking  into  consideration  the  taxable  property  in  each,  the  location 
of  the  bridge,  and  the  advantage  of  each,  to  be  determined  by  the  com¬ 
missioners  in  making  contracts  for  the  same,  as  provided  for  in  section 
64  of  this  Act. 

§  64.  Contracts  by  commissioners  of  adjoining  towns  or  dis¬ 
tricts.]  For  the  purpose  of  building  or  keeping  in  repair  such  bridge 
or  bridges,  it  shall  be  lawful  for  the  commissioners  of  such  adjoining 
towns,  or  districts,  whether  they  be  in  the  same  or  different  counties  to 
enter  into  joint  contracts,  and  such  contracts  may  be  enforced  in  law  or 
equity  apinst  such  commissioners  jointly,  the  same  as  if  entered  into 
by  individuals,  and  such  commissioners  may  be  proceeded  against  jointly 


102 


by  any  parties  interested  in  such  bridge  or  bridges^  for  any  neglect  of 
duty  in  reference  to  such  bridge  or  bridges,  or  for  any  damage  growing 
out  of  such  neglect. 

§  65.'  Approaches  to  bridges  on  or  near  town  or  district 
LINES.]  Approaches  to  all  bridges  built  and  constructed  under  and  by 
virtue  of  the  two  preceding  sections,  shall  be  built,  constructed  and  main¬ 
tained  by  the  respective  towns  or  districts  within  which  such  approach 
or  approaches  may  be  located,  and  all  approaches  to  any  and  all  such 
bridges  as  have  heretofore  been  built  and  constructed  jointly  by  two  or 
more  districts  or  towns  shall  be  maintained  by  the  respective  districts 
or  towns  within  which  such  approach  or  approaches  are  now  located. 

§  66.  When  commissioners  of  adjoining  towns  or  districts 

REFUSE  TO  ENTER  INTO  JOINT  CONTRACT,  BRIDGE  MAY  BE  BUILT  AND 
BONDS  ISSUED  BY  VOTE  OF  TOWn’ MEETING  OR  DISTRICT  ELECTION.]  When¬ 
ever  the  commissioners  of  either  of  such  adjoining  towns  or  adjoining 
districts,  shall  refuse  to  enter  into  such  joint  contracts  to  build  and 
maintain  such  bridge  or  bridges,  the  commissioners  of  the  other  town 
or  district  may  submit  such  question  to  the  annual  district  election  or 
town  meeting  or  call  a  special  district  election  or  town  meeting  to 
vote  upon  the  proposition  as  to  whether  such  district  or  town  shall  pro¬ 
ceed  to  build  and  maintain  such  bridge  or  bridges  at  its  own  expense. 
If  such  proposed  bridge  shall  require  a  greater  sum  of  money  to  com¬ 
plete  it  than  is  available  to  the  commissioners  by  other  means,  they  may 
also  submit  the  proposition  to  such  annual  or  special  district  election  or 
annual  or  special  town  meeting,  to  borrow  money  to  build  such  bridge. 
The  voting  shall  be  by  ballot,  and  if  simply  the  question  as  to  the  build¬ 
ing  of  the  bridge  is  submitted,  if  the  voter  desires  to  vote  for  building 
the  bridge,  his  ballot  shall  state  ^To  build  bridge,’’  and  if  he  desires  to 
vote  against  the  proposition,  his  ballot  shall  state  “against  the  propo¬ 
sition  to  build  bridge.”  If  the  proposition  to  borrow  money  to  build 
such  bridge  shall  be  included  in  the  notice  the  maximum  amount  to  be 
borrowed  shall  be  stated  in  the  same,  and  the  voter  desiring  to  vote 
affirmatively  shall  state  on  his  ballot  “to  build  bridge  and  to  borrow 
money  to  construct  the  same;”  and  if  he  desires  to  vote  negatively,  his 
ballot  shall  state  “against  the  proposition  to  build  bridge  and  to  borrow 
money  to  construct  the  same.”  Such  special  election  shall  be  called  and 
held  in  the  same  manner  as  is  provided  in  section  61  of  this  Act.  If  the 
proposition  to  build  such  bridge  shall  receive  a  majority  of  all  the  votes 
cast  at  such  election  or  meeting  the  commissioners  shall  then  have  the 
power  to  contract  for  the  building  of  sucli  bridge  and  approaches  there¬ 
to,  the  same  as  if  the  bridge  was  entirely  located  in  such  district  or  town, 
and  shall  have  the  power  to  acquire  by  purchase,  lease  or  gift,  any  private 
bridge  already  built,  suited  to  the  purpose,  or  any  land  upon  which  to 
build  the  approaches,  or  may  use  for  the  purpose  of  such  approaches  any 
public  highway,  that  may  lead  to  the  bank  of  the  stream  where  said 
bridge  is  to  be  built  on  either' side  of  said  stream,  whether  such  highway 
may  be  within  the  limits  of  said  town  or  district  or  county  or  not.  If 
the  proposition  to  build  such  bridge  and  borrow  money  to  build  the 
same  shall  receive  a  majority  of  the  votes  cast  at  such  special  or  annual 
election  or  meeting,  the  town  or  district  clerk,  under  the  direction  of 
the  commissioners,  shall  issue  from  time  to  time,  as  the  work  progresses, 


103 


a  sufiQcient  amount  in  the  aggregate  of  the  bonds  of  said  town  or  district 
for  the  purpose  of  building  such  bridge  and  the  approaches  thereto,  or 
to  purchase  any  private  bridge  already  built,  as  the  case  may  be,  said 
bonds  to  be  of  such  denominations,  bear  such  rate  of  interest,  not  ex¬ 
ceeding  eight  per  cent,  upon  such  time,  and  be  disposed  of  as  the 
necessities  and  conveniences  of  said  commissioners  may  require.  Such 
bonds  shall  not  be  sold  for  less  than  their  par  value,  and  such  town  or 
district  shall  provide  for  the  payment  of  such  bonds  and  interest  by  ap¬ 
propriate  taxation. 

§  (H.  Suit  on  joint  contiiact.]  If  the  commissioners  of  either  of 
such  towns  or  districts,  after  reasonable  notice  in  writing  from  the 
commissioners  of  any  other  such  towns  or  districts,  shall  neglect  or 
refuse  to  build  or  repair  any  such  bridge  when  any  contract  or  agree¬ 
ment  has  been  made  in  regard  to  the  same,  it  shall  be  lawful  for  the 
commissioners  so  giving  notice  to  build  or  repair  the  same,  to  recover, 
by  suit,  one-half  (or  such  amount  as  shall  have  been  agreed  upon)  of 
the  expense  of  so  building  or  repairing  such  bridge,  with  costs  of  suit 
and  interest  from  the  time  of  the  completion  thereof,  from  the  town  or 
district  so  neglecting  or  refusing. 


Subdivision  V. 

The  Letting  of  Contracts. 

§  68.  Contracts  of  single  town  or  district.]  The  commis¬ 
sioners  of  highways  in  each  town  or  district  is  hereby  authorized  to 
contract  for  the  construction  and  repairing  of  roads  and  bridges  lying 
wholly  within  the  limits  of  his  [their]  town  or  district;  the  cost  where¬ 
of  does  not  exceed  $200.00.  When  any  contract  shall  be  for  a  sum  in 
excess  of  $200.00,  the  said  commissioners  shall  not  let  the  same  without 
the  approval  of  the  county  superintendent  of  highways.  The  county 
superintendent  shall  keep  a  record  of  all  contracts  approved  by  him. 

§  69.  Contracts  for  imfrovements  to  be  constructed  by  two 
TOWNS  OR  DISTRICTS.]  Contracts  for  constructing  and  repairing  roads 
and  bridges  on  town  or  district  lines,  or  across  streams  on  town  or 
district  lines,  shall  be  let  by  the  commissioners  of  the  two  towns  or  dis¬ 
tricts  who  shall  meet  and  act  together  when  taking .  action  upon  the 
letting  of  such  contracts  for  the  construction  or  repair  of  such  roads 
and  bridges,  or  acceptance  of  the  work.  When  such  contracts  are  for 
the  expenditure  of  a  sum  exceeding  $200.00  they  shall  not  let  the  same 
without  the  approval  of  the  county  superintendent  as  provided  in  the 
preceding  section. 

§  70.  Contractor  TO  FURNISH  BOND.]  77o  contract  so  made  either 
at  public  or  private  letting  shall  be  considered  as  let  unless  the  con¬ 
tractor  shall,  within  ten  days  after  the  letting,  enter  into  contract  and 
file  a  bond  with  two  good  and  sufficient  sureties  with  the  commissioners, 
in  the  penal  sum  of  double  the  amount  of  the  contract,  payable  to  the 
commissioners  of  the  town  or  district,  upon  failure  to  comply  with  the 
conditions  of  his  or  their  contract. 

§  71.  When  contilvcts  made  payable.]  All  contracts  for  the 
construction  or  repair  of  roads,  or  building  or  repairing  bridges  shall  be 


104 


made  payable  as  soon  as  the  work  on  said  contract  is  completed  and 
accepted  by  the  commissioners  of  highways. 

§72.  In  letting  contracts,  etc.,  commissioners  must  not 
HAVE  ANY  PECUNIARY"  INTEREST.]  In  letting  contracts,  employing  labor, 
or  in  purchasing  tools,  machinery  or  materials,  neither  the  highway  com¬ 
missioners  nor  the  county  superintendent  of  highways  shall  have, 
directly  or  indirectly,  any  personal  pecuniary  interest  therewith. 


Subdivision  VI. 

Laying  Out^  Altering,  Vacating,  Widening  Roads. 

§  73.  Width  of  roads.]  All  public  roads  established  under  the 
provision  of  this  Act  shall  be  of  the  standard  width  of  forty  feet. 

§  74.  Eeducing  width  of  roads.]  The  commissioners  of  highways 
of  any  town  or  road  district  may  reduce  the  width  of  any  existing  public 
road  within  any  town  or  road  district  to  a  width  of  forty  feet  when  the 
same  is  petitioned  for  by  a  majority  of  the  land  owners  along  the  line 
of  said  road,  within  said  town  or  district.  When  possible  the  land  so 
vacated  by  reducing  the  width  of  the  road  shall  be  taken  equally  from 
both  sides  of  the  public  highway.  In  cases  of  natural  obstructions  on 
one  side  of  the  public  highway  or  where  the  said  road  extends  along  the 
right-of-way  of  any  railroad,  river  or  canal,  the  commissioners  are 
authorized  to  reduce  the  width  of  the  road  on  one  side  only. 

§  75.  Altering,  widening,  vacating  and  laying  out  roads — 
petition.]  Existing  roads  may  be  altered,  vacated  or  widened  and 
new  roads  may  be  laid  out  in  the  manner  herein  provided  for.  Any 
number  of  land  owners  residing  in  any  town  or  road  district  within 
two  miles  of  the  road  to  be  altered,  widened,  vacated  or  laid  out,  or  two- 
thirds  of  such  land  owners,  may  file  a  petition  with  the  commissioners 
of  highways  of  such  town  or  district,  praying  for  the  altering,  widening, 
vacation  or  laying  out  of  said  roads.  Said  petition  shall  set  forth  a  de¬ 
scription  of  the  road  and  w"hat  part  is  to  be  altered,  widened  or  vacated, 
and  if  for  a  new  road  the  names  of  the  owners  of  lands,  if  known,  and  if 
not  known  it  shall  so  state,  over  which  the  road  is  to  pass,  the  points 
at  or  near  which  it  is  to  commence,  its  general  course,  and  the  place 
at  or  near  which  it  is  to  terminate. 

§  76.  Hearing  on  petition — notice — preliminary  order.] 
Whenever  the  commissioners  shall  receive  any  such  petition  they  shall  fix 
a  time  when  and  a  place  where  they  will  examine  the  route  of  such  road 
and  hear  reasons  for  or  against  the  altering,  widening,  vacating  or  lay¬ 
ing  out  of  the  same,  and  they  shall  give  at  least  ten  days’  notice  pf  the 
time  and  place  of  such  examination  and  hearing  by  posting  notices  in 
three  of  the  most  public  places  in  the  town  or  district  in  the  vicinity  of 
the  road  to  be  widened,  altered,  vacated  or  laid  out.  The  commissioners 
may,  by  public  announcement,  and  by  the  posting  of  a  notice  at  the  time 
and  place  named  for  the  first  hearing,  adjourn  the  said  hearing  from 
time  to  time,  but  not  for  a  longer  period  than  ten  days  in  all ;  and 
shall  at  such  meeting,  or  such  adjourned  meeting,  decide  and  publicly 
announce  whether  they  shall  grant  or  refuse  the  prayer  of  the  petition, 
and  shall  endorse  upon  or  annex  to  the  petition  a  brief  memorandum  of 


105 


such  decision,  to  be  signed  by  said  commissioners  and  file  within  five 
days  thereafter  in  the  office  of  the  town  or  district  clerk. 

§  77.  Appeal.]  In  case  the  commissioners  of  highways  shall  deny 
the  prayer  of  the  petition,  the  petitioners  may  appeal  from  such  decision 
to  the  county  superintendent  of  highways  by  joining  in  a  notice  of  such 
appeal  and  filing  the  same  in  the  office  of  the  town  or  district  clerk  with¬ 
in  ten  days  after  the  date  of  the  decision  appealed  from.  The  clerk 
shall  thereupon  transmit  the  original  petition  for  the  altering,  widening, 
vacating  or  laying  out  of  such  road,  together  with  the  said  notice  of 
appeal  to  the  county  superintendent  of  highways.  Upon  receipt  thereof 
the  said  county  superintendent  of  highways  shall  thereupon  fix  a  time 
and  place  for  a  public  hearing  thereof,  giving  notice  thereof  and  render 
his  decision  thereon  in  the  manner  hereinbefore  provided  in  the  case 
of  the  hearing  upon  said  petition  by  the  commissioners  of  highways  of 
the  town  or  district.  Upon  rendering  his  decision,  the  said  superin¬ 
tendent  of  highways  shall  likewise  endorse  on  said  petition  a  memo¬ 
randum  of  his  decision  and  shall  file  the  same  in  the  office  of  the  town 
or  district  clerk.  Such  decision  of  the  commissioners  of  highways,  or 
upon  appeal  such  order  of  the  county  superintendent  of  highways,  shall 
be  regarded  as  a  preliminary  decision  upon  the  advisability  of  the 
proposed  improvement,  and  shall  be  subject  to  revocation  in  the  manner 
hereinafter  provided. 

§  78.  Surveys  ordered.]  If  the  commissioners  of  highways,  or 
upon  appeal  from  his  [their]  decision,  the  county  superintendent  of 
highways,  shall  enter  a  preliminary  order  as  aforesaid  that  the  prayer 
of  the  petitioner  should  be  granted,  the  said  highway  commissioners  or 
county  superintendent  of  highways,  as  the  case  may  be,  shall  cause  a 
survey  and  plat  of  such  road  to  be  made  by  a  competent  surveyor  who 
shall  report  such  survey  and  plat  to  said  commissioners  of  highways 
or  county  superintendent,  as  the  case  may  be,  giving  the  courses  and 
distances  and  specifying  the  land  over  which  said  road  is  to  pass ;  in 
which  he  may  make  such  changes  between  the  termini  of  the  road 
described  in  the  petition,  as  the  convenience  and  interest  of  the  public 
in  his  judgment  may  require.  Upon  the  petition  of  twelve  land  owners 
residing  in  the  town  or  district  where  the  road  is  situated,  it  shall  be 
the  duty  of  the  said  commissioners  of  highways  or  county  superin¬ 
tendents,  as  the  case  may  be,  within  a  reasonable  time  to  employ  a  com¬ 
petent  surveyor  and  have  any  road  designated  in  such  petition  to  be 
once  [re]  surveyed. 

§  79.  Damages  to  be  determined.]  Whenever  the  commissioners 
of  highways  of  any  town  or  road  district  or  upon  appeal  from  their 
decision,  the  county  superintendent  of  highways  has  entered  a  prelim¬ 
inary  order  as  aforesaid  for  the  establishment,  vacation,  widening  or 
alteration  of  a  road,  and  a  survey  therefor  has  been  completed  as  here¬ 
inbefore  provided,  proceedings  shall  next  be  taken  to  fix  the  damages 
which  will  be  sustained  by  the  adjoining  land  owners  by  reason  of  such 
alteration,  vacation,  widening  or  laying  out.  In  case  such  preliminary 
order  was  entered  by  the  commissioners  of  highways,  they  sliall  act  for 
the  town  or  district  in  all  matters  relating  to  the  fixing  of  damages^  as 
well  as  the  surveying  of  such  road.  But  in  case  such  order  was  entered 
by  the  county  superintendent  of  highways  on  appeal,  as  aforesaid,  the 


106 


said  county  superintendent  shall  represent  the  said  town  or  district  in 
such  matters. 

§  80.  Damages  may  be  agreed  upon.J  The  claiiiages  sustained  by 
the  owner  or  owners  of  land  by  reason  of  the  establishment,  alteration, 
widening  or  vacation,  as  aforesaid,  may  be  agreed  upon  by  the  owners 
of  such  lands  if  competent  to  contract,  and  the  commissioners  of  high¬ 
ways  or  county  superintendent,  as  the  case  may  be.  Such  damages  may 
also  be  released  by  such  owners,  and  in  such  case  the  agreement  or 
release  shall  be  in  writing,  the  same  shall  be  filed  and  recorded  with  the 
copy  of  the  order  establishing,  altering,  widening  or  vacating  such  road 
in  the  office  of  the  town  or  district  clerk,  and  shall  be  a  perpetual  bar 
against  such  owners,  their  grantees  and  assigns  for  all  further  claims  for 
such  damages. 

'  §  81.  Inducemexts  may  be  offered.]  Any  person  or  persons  in¬ 
terested  in  the  establishment,  alteration,  widening  or  vacation  of  any 
public  road  in  this  State,  are  hereby  authorized  to  offer  inducements  to 
the  commissioners  of  highways  or  county  superintendent  of  highways, 
as  the  case  may  be,  for  the  establishment,  alteration,  widening  or  vaca¬ 
tion  of  any  such  road,  by  entering  into  contract  with  said  commissioners 
or  county  superintendent,  conditioned  upon  such  establishment,  altera¬ 
tion,  widening  or  vacation,  to  pay  money  or  other  valuable  thing  to  the 
town  or  district  for  the  benefit  of  the  road  or  bridge  funds  of  the  same; 
or  to  perform  any  labor,  or  construct  any  road,  bridge  or  culvert  on  any 
road  which  said  person  or  persons  desire  to  be  established,  widened  or 
altered.  Any  such  contracts  in  writing  made*with  said  commissioners 
of  highways  or  county  superintendents  shall  be  deemed  good  and  valid 
in  law  and  may  be  enforced  by  said  commissioners  or  superintendent,  or 
his  or  their  successors  in  office,  before  any  court  having  jurisdiction. 

§  82.  Summoning  jury  to  assess  damages — summons  to 
OWNERS.]  In  case  such  damages  are  not  released  or  agreed  upon  as  in  the 
preceding  section  specified,  the  commissioners,  or  in  case  of  appeal  the 
county  superintendent  of  highways,  shall,  within  ten  days  from  the  date  of 
the  meeting  at  which  it  was  decided  to  grant  the  prayer  of  the  petition, 
make  a  certificate  that  he  is  about  to  establish,  widen,  vacate,  or  alter 
a  public  road,  describing  such  road,  vacation,  widening  or  alteration,  and 
the  land  over  or  on  which  such  road  is  to  be  established,  altered,  widened 
or  vacated,  and  naming  the  owners  of  such  lands,  if  known,  and  if 
not  known,  stating  the  fact  and  asking  for  a  jury  to  assess  the  damages 
of  such  owners,  and  shall  present  such  certificate  to  some  justice  of  the 
peace  of  the  county,  who,  on  receipt  of  the  same,  sliall,  within  five  days, 
issue  a  summons  against  the  land  owners  concerned,  which  summons 
shall  be  in  the  following  form  as  nearly  as  the  case  will  admit,  viz: 

State  of  Illinois,  j 

>  ss. 

. County,  ) 

The  People  of  the  Slate  of  Illinois,  to  any  constable  of  said  county — 

Greeting  : 

You  are  hereby  commanded  to  summon . to  appear 

before  me  at . on  the.  . .  .  day  of . at . o’clock, 

and  prove  to  a  jury  then  and  there  to  be  empaneled,  sucli  damages  as 
(he  or  they)  may  sustain  on  account  of  tlie  establishing,  altering, 


107 


widening  or  vacating  the  road  described  in  a  certificate  of  the  commis¬ 
sioners  of  the  town  of  .  or  road  district  No .  (or 

county  superintendent  of  highways  acting  for  said  town  or  road  dis¬ 
trict  No . )  in  said  county,  which  certificate  is  now  on  file  in  my 

office. 

Given  under  my  hand  and  seal  this  ....  day  of. . ,  19.  . . 

Justice  of  the  Peace. 

In-  which  summons  the  justice  shall  specify  a  certain  place^  day  and 
hour  for  the  trial,  not  less  than  six  nor  more  than  fifteen  days  from  the 
date  of  such  summons,  at  which  time  and  place  such  land  owners  are 
to  appear.  Such  summons  shall  be  served  at  least  three  days  before  the 
time  of  trial  mentioned  therein,  by  reading  the  same  to  the  land  owners 
therein  named. 

§  83.  If  ownek  infant,  etc.,  how  served.]  If  any  such  owner  is 
an  infant,  such  summons  shall  be  served  by  delivering  a  copy  to  the 
infant  and  its  guardian,  if  any;  if  no  guardian,  the  person  with  whom 
he  or  she  resides.  If  any  owner  is  a  lunatic  or  habitual  drunkard,  having 
a  conservator,  or  insane,  by  delivering  a  copy  to  his  conservator,  if  any. 

§  84.  Notice  to  non-resident  owners — continuance.]  In  case 
it  shall  appear,  either  from  the  certificate  of  the  commissioners  or  county 
superintendent  of  highways,  the  affidavit  of  any  person,  or  the  return  of 
any  officer  to  whom  the  notice  may  be  delivered  for  service,  that  there 
are  non-resident  or  unknown  owner  or  owners  who  cannot  be  found  and 
served  within  the  county,  such  justice  shall  also  cause  notice  to  be  de¬ 
livered  to  the  occupant  of  such  lands,  and  the  contents  and  nature  thereof 
to  be  made  known  to  such  occupant  and  also  to  be  posted  in  three  of 
the  most  public  places  in  the  vicinity  of  such  proposed  road  or  alteration, 
at  least  ten  days  before  the  time  fixed  in  the  summons  for  hearing  proof 
of  damages,  stating  the  time  and  place,  as  stated  in  said  summons,  and 
describing  the  road  to  be  established  or  altered,  and  the  lands  for  which 
damages  are  to  be  assessed ;  and  in  case  service  is  made  upon  any  owner 
by  posting  notices  as  alcove  provided,  the  justice  shall  continue  said 
hearing  for  a  period  not  exceeding  twelve  days. 

§  85.  Manner  of  selecting  jury — ciiallengb.]  Such  justice 
shall  also  forthwith  issue  a  venire  directed  to  any  constable  of  the 
county,  to  summon  six  persons  having  the  qualifications  of  jurors  to  ap¬ 
pear  at  such  time  and  place  as  may  be  designated  for  the  proving  of 
such  damages,  whose  competency  shall  be  determined  the  same  as  in 
other  civil  cases  before  justices  of  the  peace.  Either  party  to  the  case 
shall  have  the  same  right  of  challenge  as  in  other  civil  cases;  and  any 
deficiency  in  the  number  of  jurors,  from  whatever  cause,  shall  be  sup¬ 
plied  by  summoning  other  persons  residing  in  such  county:  Provided, 
that  not  more  than  one-half  of  such  jury  shall  be  residents  of  the  town 
or  district  liable  to  pay  the  damages  assessed  in  the  case:  Provided, 
further,  that  changes  of  venue  may  be  granted,  if  applied  for  before 
the  commencement  of  the  trial,  in  the  same  manner  as  in  other  civil 
causes  before  justices  of  the  peace. 

§  86.  Oath  to  jury — trial  to  be  conducted  as  in  other  chhe 
CASES.]  The  jury  shall  appear  before  and  he  sworn  by  such  justice 
faithfully  and  impartially  to  assess  the  damages  of  each  of  the  owners 


108 


specified  in  such  certificate,  or  those  of  them  whose  claims  are  then  to 
be  adjusted,  according  to  law,  to  the  best  of  their  judgment  and  under¬ 
standing;  and  all  parties  in  interest  shall  be  entitled  to  subpoenas  and 
other  writs  and  papers,  and  the  trial  shall  be  conducted  as  in  other 
civil  cases. 

§  87.  Trials — ^verdict — judgment  damages — benefits.]  The 

case  shall  be  entitled,  ^‘Town  of . (or  road  district  No . ) 

vs . (whoever  may  be  summoned  as  land  owners), 

and  the  jury  shall  hear  such  lawful  evidence  touching  the  question  of 
such  damages  as  may  be  presented  to  them ;  and  they  shall  also,  on 
request  of  the  commissioners  of  highways  or  county  superintendent  of 
highways,  as  the  case  may  be,  or  owners  of  lands  whose  damages  are  to 
be  determined,  in  a  body  visit  and  examine  the  proposed  location,  altera¬ 
tion,  widening  or  vacation  of  such  road  and  the  lands  to  be  taken  or 
affected  thereby,  and  make  a  Avritten  verdict  specifiying  the  amount  of 
damages,  if  any,  which  every  such  OAvner  shall  recover,  and  return  the 
same  to  such  justice,  to  be  by  him  entered  on  his  docket  in  the  nature 
of  a  judgment:  Provided,  that  in  estimating  the  damages,  except  dam¬ 
ages  to  land  actually  taken  for  a  road,  the  jury  may  consider  the  bene¬ 
fits  conferred;  but  no  benefits  enjoyed  in  common  by  the  OAvners  of 
surrounding  property  shall  be  considered  in  estimating  damages. 

§  88.  Appeal.]  Any  person  or  persons  interested  in  the  verdict  of 
any  jury  in  assessing  damages  in  opening,  altering  or  vacating  any  road, 
may  appeal  from  such  decision  to  the  county  or  circuit  court  within  ten 
days  after  such  decision  has  been  rendered,  by  filing  a  written  petition 
with  the  justice  of  the  peace,  from  whose  decision  they  desire  to  appeal, 
asking  for  an  appeal  and  stating  on  what  grounds  such  appeal  is  taken. 

§  89.  Costs  of  appeal: — appeal  bond.]  x4ny  parties  taking  appeal 
from  the  verdict  of  the  jury  as  aforesaid,  shall  file  a  sufficient  bond  with 
the  justice  of  the  peace,  before  taking  such  appeal,  conditioned  for  the 
payment  of  the  cost  of  such  appeal  in  case  the  verdict  of  the  jury  is  in 
all  things  sustained  or  the  appeal  dismissed;  if  the  verdict  of  the  jury 
shall  not  be  sustained,  the  district  shall  pay  the  costs  of  such  appeal. 
When  such  appeal  is  taken  from  the  verdict  of  the  jury  called  by  the 
justice  of  the  peace  to  assess  damages  as  aforesaid,  and  when  the  com¬ 
missioners  of  higliAvays  or  county  superintendent,  as  the  case  may  be, 
shall  be  unable  to  agree  with  the  OAvners  of  lands  in  regard  to  such 
damages,  then  all  proceedings  shall  cease  until  the  amount  of  damages 
is  settled  by  the  county  or  circuit  court  on  appeal  as  aforesaid. 

§  90.  Final  order  of  highway  commissioners  or  county 
SUPERINTENDENT  OF  HiGHAVAYS.]  Within  tAventy  days  after  the  damages 
likely  to  be  sustained  by  reason  of  the  proposed  laying  out,  alteration, 
Avidening  or  vacation  of  any  road  shall  have  been  finally  ascertained, 
either  by  agreement  of  the  parties  or  by  trial  in  a  court  of  the  justice 
of  the  peace,  or  on  appeal  to  the  county  or  circuit  court,  or  within  twenty 
days  after  such  damages  may  have  been  released,  as  aforesaid,  the  com¬ 
missioners  of  highways  shall  hold  a  public  hearing  at  which  they  shall 
hear  and  consider  reasons  for  or  against  the  proposed  laying  out,  AAuden- 
ing,  alteration  or  vacation  of  such  road,  and  at  which  time  and  place 
they  shall  publicly  announce  their  final  decision  relative  thereto.  The 
commissioner  [s]  of  highways  shall  give  public  notice  of  such  public 


109 


hearing  by  posting  notices  thereof  in  at  least  three  of  the  most  public 
places  in  the  town  or  district  for  at  least  five  days  prior  thereto.  At 
such  time  and  place  the  commissioners  of  highways  shall  determine  upon 
the  advisability  of  such  proposed  laying  out,  widening,  alteration  or 
vacation  of  such  road  and  shall  make  an  order  for  the  same  and  shall 
within  five  days  thereafter  file  such  order  in  the  office  of  the  town  or 
district  clerk. 

§  91.  Appeal  from  final  commissioners"  order.]  From  such 
order  of  the  commissioners  of  highways  finally  determining  the  advisa¬ 
bility  of  such  proposed  laying  out,  alteration,  vacation  or  widening  of 
any  road,  any  person  interested  therein  may  appeal  to  the  county  superin¬ 
tendent  of  highways  by  filing  a  notice  of  such  appeal  in  the  office  of  the 
town  or  district  clerk  within  ten  days  of  the  date  of  filing  the  decision 
appealed  from.  Thereupon  such  clerk  shall  at  once  transmit  all  papers 
relating  to  such  proposed  laying  out,  alteration,  vacation  or  widening 
of  such  road  to  the  county  superintendent  of  highways,  who  shall  within 
twenty  days  after  the  receipt  of  the  same,  hold  a  public  hearing  within 
such  town  or  district  to  finally  determine  upon  the  laying  out,  vacation, 
widening  or  alteration  of  such  road.  Such  hearing  shall  be  upon  such 
notice  and  conducted  in  like  manner  as  the  hearing  before  the  commis¬ 
sioners  of  highways  relative  to  such  final  decision  and  from  which  appeal 
has  been  taken.  The  final  order  of  the  county  superintendent  of  high¬ 
ways,  relative  to  such  proposed  laying  out,  alteration,  widening  or  vaca¬ 
tion  of  such  roads  shall  be  filed  with  the  town  or  district  clerk  within 
five  days  from  the  date  of  such  public  hearing. 

§  92.  Effect  of  final  order.]  In  case  the  commissioners  of  high¬ 
ways,  or  upon  appeal  from  their  decision  the  county  superintendent  of 
hidiways,  shall  finally  determine  as  aforesaid  against  the  advisability  of 
the  proposed  laying  out,  alteration,  widening  or  vacation  of  such  road, 
such  order  shall  have  the  effect  to  annul  and  revoke  all  proceedings  and 
assessments,  releases  and  agreements  in  respect  to  damages  growing  out 
of  the  proceedings  upon  the  petition  aforesaid.  In  case  the  commis¬ 
sioners  or  county  superintendent  shall  not  revoke  such  prior  proceedings, 
he  or  they  shall  make  an  order  to  be  signed  by  him  or  them,  declaring 
such  road  to  be  altered,  widened,  vacated  or  laid  out  as  a  public  highway 
and  which  order  shall  contain  or  have  annexed  thereto  a  definite  descrip¬ 
tion  of  the  line  of  such  road,  together  with  the  plat  thereof.  The  com¬ 
missioners  of  highways  or  county  superintendents,  as  the  case  may  be, 
shall  file  within  five  days  from  the  date  of  his  final  order,  cause  the 
same,  together  with  the  report  of  the  surveyor,  the  petition  and  the 
releases,  agreements  or  assessments  in  respect  to  damages,  to  be  deposited 
and  filed  in  the  office  of  the  town  or  district  clerk;  who  shall  note  upon 
such  order  the  date  of  such  filing.  It  shall  be  the  duty  of  such  clerk  to 
record  such  order,  together  with  the  plat  of  the  surveyor  in  a  proper  book 
to  be  kept  for  that  purpose. 

§  93.  Proceedings  subsequent  to  final  order.]  After  it  has 
been  finally  determined  that  a  road  shall  be  laid  out,  widened,  altered  or 
vacated,  either  by  the  commissioners  of  highways,  or  upon  appeal,  by  the 
county  superintendent  of  highways,  all  proceedings  subsequent  thereto 
on  behalf  of  the  town  or  district  shall  be  taken  by  the  commissioners  of 
highways  thereof  as  hereinafter  provided.  And  such  commissioners 


110 


of  highways  in  such  cases  are  hereby  authorized  and  empowered  to  re¬ 
sort  to  all  necessary  proceedings  not  inconsistent  with  the  provisions  of 
this  Act  to  secure  the  laying  out,  widening,  alteration  or  vacation  of  any 
such  road. 

§  94.  EeCOUDS  of  town  or  district  CLER,K - EVIDENCE - EFFECT 

OF  SAME.J  The  records  of  the  town  or  district  clerk,  or  a  certified  copy  of 
such  record  and  papers,  relating  to  the  establishment,  location,  alteration, 
widening  or  vacation  of  any  road  shall  be  prima  fade  evidence  in  all 
cases  that  all  the  necessary  antecedent  provisions  have  been  complied 
with,  and  that  the  action  of  the  commissioners  or  other  persons  and  offi¬ 
cers,  in  regard  thereto,  was  regular  in  all  respects. 

§  95.  Limitations  of  time  to  open.]  All  roads  laid  out  as  herein 
provided  shall  be  opened  within  two  years  from  the  time  of  laying  out 
the  same.  If  the  damages  resulting  from  the  establishing  of  such  roads 
shall  not  be  paid  within  ninety  days  from  the  time  of  the  final  determin¬ 
ation  to  open  the  same  as  aforesaid,  such  new  roads  shall  be  deemed  to 
be  vacated. 

§  96.  Removal  of  fences — notice.]  Whenever  a  public  road  is 
ordered  to  be  established  or  altered,  according  to  the  provisions  of  this 
Act,  which  road  shall  pass  through  or  on  enclosed  land,  the  commis¬ 
sioners  of  highways  shall  give  the  owner  or  occupant  of  such  land  sixty 
days  notice  in  writing,  to  remove  the -fences.  If  such  owner  or  occupant 
does  not  remove  the  fence  or  fences  within  sixty  days  after  such  notice, 
the  commissioners  shall  have  the  same  removed,  and  direct  the  road  to  be 
opened  and  worked;  the  owner  of  such  premises  shall  pay  all  necessary 
costs  of  the  removal,  and  the  same  may  be  recovered  by  the  commissioners 
of  highways  in  anv  court  of  competent  jurisdiction. 

§  97.  Crops — removal  or.]  When  any  road  opened  according  to 
the  provisions  of  this  subdivision  shall  pass  over  enclosed  lands,  the 
owners  of  such  lands  shall  have  a  reasonable  time,  not  exceeding  eight 
months,  to  be  designated  by  the  commissioners  of  highways  to  harvest 
crops  and  remove  fences  which  may  be  on  such  lands  before  such  road  or 
cartway  shall  be  opened. 

§  98.  PinvATE  ROADS.]  Roafls  for  private  and  public  use  of  the 
width  of  three  rods  or  less,  may  be  laid  out  from  one  dwelling  or  plan¬ 
tation  of  an  individoal  to  any  public  road,  or  from  one  public  road  to 
another,  or  from  a  lot  of  land  to  a  public  road,  or  from  a  lot  of  land  to 
a  public  waterway,  on  petition  to  the  commissioners  by  any  person 
directly  interested.  Upon  receiving  such  petition,  proceedings  shall  be 
had  respecting  the  laying  out  of  such  road  as  in  the  case  of  public  roads. 
In  case  the  commissioners  of  highways  or  upon  appeal,  the  county 
superintendent  of  highways  shall  enter  a  preliminary  order  for  the  lay¬ 
ing  out  of  such  road,  the  said  highway  officer  or  officers  making  such 
preliminary  order  shall,  if  possible,  and  the  parties  are  competent  to 
contract,  agree  upon  the  total  amount  of  damages,  together  with  the 
portion  thereof  to  be  paid  by  the  town  or  district,  as  well  as  by  each  of 
the  land  owners  benefited  by  such  private  road.  In  case  such  damages 
cannot  be  determined  or  apportioned  by  agreement,  the  same  shall  be 
fixed  as  in  the  case  of  public  roads.  The  amount  of  such  damages  shall 
be  paid  by  the  persons  benefited  thereby,  to  the  extent  and  in  proper- 


Ill 


tion  that  they  are  benefited  as  determined  and  declared  by  the  court. 
The  remainder  of  the  amount  of  damages  over  and  above  that  to  be 
paid  by  the  parties  aforesaid,  shall  be  paid  by  the  town  or  district  as 
in  other  cases.  The  amount  of  damages  to  be  paid  by  individuals  shall 
be  paid  to  the  parties  entitled  thereto,  before  the  road  shall  be  opened 
for  use.  In  all  other  respects  the  provisions  of  this  Act  relative  to  the 
opening,  vacation,  alteration  or  widening  of  public  roads  shall  be  appli¬ 
cable  also  to  the  laying  out,  alteration,  widening  or  vacation  of  private 
roads. 

§  99.  Eoads  on  toW'N  or  district  and  county  lines,  etc.]  Pub¬ 
lic  roads  may  be  established,  altered,  widened  or  vacated  on  county  or 
township  or  district  lines,  or  from  one  township  or  district  to  another,  and 
in  case  a  railroad  right  of  way  or  stream  of  water  joins  the  boundary 
line  of  such  county  line,  then  along  the  line  of  such  railroad  right  of 
way  or  stream  of  water,  in  the  same  manner  as  other  public  roads, 
except  that  in  such  cases,  a  copy  of  the  petition  shall  be  posted  up  in 
and  presented  to  the  commissioners  of  each  town  or  district  interested ; 
said  petition  to  be  as  in  other  cases,  and  signed  by  not  less  than  twelve, 
or  two-thirds  of  the  owners  of  land  residing  thereon,  in  either  township 
or. district  or  county  within  two  miles  of  the  road  to  be  so  altered, 
widened,  vacated,  located  or  laid  out.  Whereupon  it  shall  be  the  duty 
of  the  commissioners  of  the  several  towns  or  districts  to  meet  and  act 
together,  in  the  same  time  and  manner  as  in  other  cases,  in  considering 
the  petition,  viewing  the  premises,  adjusting  damages,  and  making  all 
orders  in  reference  to  such  proposed  road,  alteration,  widening  or  vaca¬ 
tion,  and  a  copy  of  all  final  orders  and  plats  and  papers  shall  be  filed 
and  recorded  in  each  of  the  counties  and  towns  or  districts  interested. 
In  case  the  said  commissioners  are  unable  to  agree,  the  county  superin¬ 
tendent  of  highways  shall  act  as  arbitrator  between  them  in  case  the 
towns  or  districts  shall  lie  within  the  same  county,  and  if  in  different 
counties  the  State  Highway  Commission  or  any  person  designated  by 
him,  shall  so  act.  All  appeals  hereinbefore  provided  for  may  likewise 
to  be  taken  to  the  county  superintendent  of  highways,  or  in  case  the 
towns  or  districts  shall  lie  in  two  or  more  counties,  to  the  State  Highway 
Commission. 

§  100.  Commissioners  to  allot  all  or  part  of  road  to  each 
TOWN  or  district - ALSO  TO  DIVIDE  DAMAGES  AND  EXPENSES - ARBITRA¬ 

TION.]  The  commissioners  shall  also,  in  case  a  new  road  is  established, 
allot  to  each  of  such  towns  or  districts  the  part  of  such  road  which  each 
of  such  towns  or  districts  shall  open  and  keep  in  repair,  and  the  part 
so  allotted  shall  be  considered  as  wholly  belonging  to  such  town  or  dis¬ 
trict.  They  shall  also  divide  the  expenses  and  damages  which  may 
accrue  from  such  location,  widening  or  alteration,  and  if  they  cannot 
agree,  they  shall  refer  the  matter  to  the  county  superintendent  of  high¬ 
ways  or  in  case  the  towns  or  districts  shall  lie  in  two  or  more  counties, 
to  the  State  Highway  Commission,  whose  decision  shall  be  final. 

§  101.  Eoads  HEREToroRE  laid  out  on  county  or  district  or 
TOWN  lines.]  All  roads  heretofore  or  hereafter  laid  out  upon  town  or 
district  or  county  lines  shall  be  divided,  allotted  and  kept  in  repair  in 
the  manner  as  hereinbefore  directed.  Any  public  road  that  is  or  shall 
be  laid  out  on  any  county  or  town  or  district  line,  and  in  case  a  rail- 


112 


road  right  of  way  or  stream  of  water  forms  the  boundary  line  of  town 
or  district  or  county,  or  crowds  the  public  road  oft'  from  such  town  or 
district  or  county,  then  the  road  alongside  such  railroad  right  of  way 
or  stream  of  water,  shall  be  held  to  be  a  road  on  a  county  or  town  or 
district  line,  although  owing  to  the  topography  of  the  ground  along 
such  county  or  town  or  district  line,  or  at  the  crossing  of  any  stream  of 
water  the  proper  authorities  in  establishing  or  locating  such  road  may 
have  located  a  portion  of  the  same  to  one  side  of  such  county  or  dis¬ 
trict  or  town  line  or  railroad  right  of  way,  or  stream  of  water,  and  the 
expenses  of  keeping  in  repair  such  road  shall  be  assessed  by  each  town 
or  district  or  county  interested. 

§  102.  State  line  roads.]  Eoads  may  be  laid  out  and  opened 
upon  the  line  between  this  and  any  adjoining  state,  as  provided  in  the 
preceding  sections,  whenever  the  laws  of  such  adjoining  state  shall  be 
applicable. 

§  103.  Where  road  proposed  across  or  alongside  railroad — 
NOTICE.]  In  addition  to  the  notices  now  required  by  law  in  proceed¬ 
ings  for  laying  out,  locating  or  opening  of  public  roads,  similar  notices 
shall  be  served  on  any  railroad  company  across  or  alongside  of  whose 
railroad  it  may  be  proposed  to  locate  a  public  road :  Provided,  that  this 
Act  shall  not  apply  to  the  proceedings  for  opening  streets  in  towns  or 
cities. 

§  104.  Notices  on  railroad  companies — how  served.]  The  no¬ 
tices  as  provided  by  this  Act  shall  be  served  by  delivering  a  copy  thereof 
to  the  station  agent  of  any  such  railroad  company  nearest  to  the  pro¬ 
posed  location  of  such  projected  public  roads. 

Subdivision  VII. 

Repair  and  Maintenance  of  Roads  and  Bridges. 

§  105.  How  ROADS  TO  be  GRADED^ - WALK - PENALTY  FOR  DRIVING 

ON  CROSSINGS.]  In  grading  roads,  wherever  practicable,  it  shall  be 
done  so  as  to  leave  not  less  than  one-tenth  of  the  width  of  the  road  on 
each  side  for  a  sidewalk;  and  the  space  between  these  points  shall  be 
made  a  regular  oval  grade  so  that  the  entire  space  can  be  used  for  travel¬ 
ing  purposes;  and  it  shall  be  unlawful  to  ride  or  drive  on  such  walk; 
and  any  person  so  offending  shall  be  subject  to  a  fine  of  $1.00  for  each 
offense.  Grading  shall  be  done  before  the  first  of  September  in  each 
year.  Corner  stones  marking  sectional  or  other  corners  shall  not  be 
disturbed,  except  to  so  grade  the  road  that  these,  if  in  the  line  of  travel 
shall  not  rise  above  the  surface,  and  corner  stakes  shall  be  replaced  by 
good  and  substantial  stones.  In  grading  public  roads,  if  a  ditch  is 
made  at  the  junction  of  roads,  or  at  the  entrance  of  gates  or  other  open¬ 
ings  of  adjoining  premises,  the  road  authorities  shall  construct  good 
and  sufficient  culverts,  or  other  convenient  crossings. 

§  106.  Sidewalks  in  unincorporated  villages.]  Highway  com¬ 
missioners  are  hereby  authorized  to  build  sidewalks  in  unincorporated 
villages  out  of  any  delinquent  road  tax  belonging  to  the  town  or  road 
district  in  which  such  village  is  located. 

§  107.  (A)  Eoad  drags.— authority  and  use.]  The  commis¬ 

sioners  of  highways  in  the  several  towns  or  districts  and  the  county  boards 


113 


in  the  counties  of  this  State  are  hereby  authorized  to  have  earth 
roads  dragged  at  all  seasons  of  the  year  whenever  the  surface  of  the 
roads  become  rough  so  they  will  not  properly  shed  the  water  which 
falls  upon  them;  and  they  may  contract,  a  preference  to  be  given 
adjoining  land  owners  or  tenants,  to  have  a  given  piece  of  road  dragged 
at  a  rate  not  to  exceed  one  dollar  ($1.00)  per  mile  for  each  time 
dragged,  if  such  work  is  done  during  the  months  of  December,  Jan¬ 
uary,  February  or  March,  and  not  to  exceed  a  rate  of  seventy-five  (75) 
cents  per  mile  for  each  time  dragged,  if  such  work  is  done  during  other 
months  of  the  year  than  aforesaid:  Provided,  that  the  width  required 
by  the  highway  commissioners  to  be  dragged  shall  be  not  less  than  four¬ 
teen  (14)  feet,  if  the  width  of  roadway  will  permit:  Provided,  also, 
that  the  dragging  is  done  as  nearly  as  practicable  in  accordance  with 
the  instructions  of  the  highway  commissioners  of  the  town  or  district. 

(B)  Obsteucting  deainage.]  It  shall  be  unlawful  for  any  person 
or  persons  to  place  loose  earth,  weeds,  sods,  or  other  vegetable  matter  on 
the  portion  of  a  road  which  has  been  dragged  and  so  maintained  in  good 
condition,  or  to  place  any  material  in  such  a  manner  as  to  interfere 
with  the  free  fiow  of  water  from  the  dragged  portion  of  the  road  to  the 
side  gutters  or  ditches:  Provided,  that  this  restriction  shall  not  apply 
to  deposits  of  earth  or  other  material  that  may  be  made  by  the  authority 
of  the  proper  road  officials,  if  necessary  for  filling  or  raising  the  eleva¬ 
tion  of  a  given  section  of  road  or  other  necessary  construction  work. 

Teavel  eegulated.]  It  shall  also  be  unlawful  for  any  person  or 
persons  to  drive  or  cause  to  be  driven  a  vehicle  of  any  description  in  or 
upon  any  portion  of  the  highway  immediately  after  the  same  has  been 
dragged  and  before  such  portion  of  the  highway  shall  have  partially 
dried  out  or  frozen :  Provided,  that  nothing  in  this  section  shall  apply 
in  those  instances  where  it  is  impossible  to  drive  with  safety  at  one 
side  of  said  dragged  portion  of  the  road,  or  where  a  vehicle  does  not 
make  a  rut  on  such  dragged  portion  of  the  road,  injurious  to  the  work 
accomplished  by  use  of  the  road  drag,  or  where  a  vehicle  does  not  make 
a  rut  nearer  than  nine  (9)  feet  from  the  center  of  the  dragged  portion 
of  the  road. 

Subdivision  VIII. 

Gravel,  Pock  and  Macadam — Hard  Roads. 

§  108.  Petition  foe  eoad — notice — election — ^vote. — bate  pee 
CENT.]  On  the  petition  of  twenty-five  per  cent  of  the  land  owners  who 
are  legal  voters  of  any  township  to  the  town  clerk  thereof,  in  counties 
under  township  organization  or  road  districts  in  counties  not  under 
township  organization,  to  the  district  clerk,  he  shall,  when  giving  notice 
of  the  time  and  place  for  holding  the  next  annual  town  meeting  or  road 
district  election,  also  give  notice  that  a  vote  will  be  taken  at  said  election 
or  meeting  for  or  against  an  annual  tax  not  to  exceed  one  dollar  on 
each  one  hundred  dollars  assessed  valuation  of  all  the  taxable  property, 
including  railroads  in  the  township  or  road  district,  for  the  purpose  of 
constructing  and  maintaining  gravel,  rock,  macadam  or  other  hard 
roads.  Said  petition  shall  state  the  location  and  route  of  the  proposed 
road  or  roads,  and  shall  also  state  the  annual  rate  per  cent  not  exceed- 

— 8  L  L 


114 


ing  one  dollar  on  each  one  hundred  dollars,  and  the  number  of  years 
not^  exceeding  five,  for  which  said  tax  shall  be  levied.  If  in  any  such 
petition  a  special  election  shall  be  requested  for  such  purposes  it  shall 
be  called  in  the  manner  provided  for  calling  special  elections  in  section 
112  of  this  Act. 

§  109.  Ballots.]  The  ballots  at  said  election  shall  be  substantially 
in  the  following  form : 


For  special  tax  for  gravel,  rock,  macadam  or 
other  hard  roads. 


Yes 

No 

§  110.  Duty  of  commissioners — tax  donations.]  If  a  majority 
of  all  the  ballots  cast  at  said  election  on  said  proposition  shall  be  in 
favor  of  said  special  tax,  then  it  shall  be  the  duty  of  the  commissioner 
of  highways  of  the  township  or  road  district  to  levy  an  annual  tax  in 
accordance  with  said  vote  and  certify  the  same  to  the  county  clerk.  He 
shall  also  cause  a  copy  of  such  certificate  of  levy  to  be  filed  in  the  office 
of  the  town  or  district  clerk  as  provided  in  section  57  of  this  Act.  The 
county  clerk  shall  cause  such  levy,  thus  certified  to  him  to  be  extended 
on  the  tax  books  for  the  current  year  and  for  each  succeeding  year,  as 
stated  in  the  certificate  so  filed  with  him :  Provided,  that  the  length  of 
time  for  which  the  special  tax  levy  shall  continue  shall  not  exceed  five 
years.  The  commissioner  may  also  receive  donations  in  money,  labor, 
materials  or  other  valuable  things,  to  aid  in  the  construction  of  said 
road. 


§  111.  Levy  and  collection  of  tax.]  The  county  clerk,  when 
making  out  the  tax  books  for  the  State  and  county  tax  for  the  collector, 
shall  in  each  year  for  the  number  of  years  stated  in  such  certificate 
extend  the  special  tax  in  separate  columns  against  each  tax  payeFs 
name  or  taxable  property,  as  other  taxes  are  extended,  which  shall  be 
collected  the  same  as  State  and  county  taxes,  and  known  as  the  perma¬ 
nent  road  fund. 

§  112.  Borrowing  money.]  On  the  petition  of  the  commissioners 
of  highways,  in  his  official  capacity,  and  of  one  hundred  of  the  free 
holders  of  any  town  or  district  (or  where  there  may  be  less  than  two 
hundred  such  free  holders,  then  a  majority  of  them)  to  the  town  or 
district  clerk  requesting  him,  when  giving  notice  of  the  time  and  place 
for  holding  the  next  annual  town  meeting  or  road  district  election,  to 
also  give  notice  that  a  vote  will  be  taken  at  said  election  or  meeting  on 

the  proposition,  ^Tor  borrowing  $ .  (to  construct  or  maintain 

gravel,  rock,  macadam  or  other  roads,  or  to  construct  or  repair  any 
bridge  or  bridges,  or  to  construct  or  to  repair  any  other  distinctive 
work  on  the  road),’^  he  shall,  when  giving  notice  of  the  time  and  place 
for  holding  the  next  annual  town  meeting  or  road  district  election,  also 
give  notice,  that  a  vote  will  be  taken  at  said  election  or  meeting  upon 

the  proposition,  ^^For  borrowing  $ .  (to  construct  or  maintain 

gravel,  rock,  macadam  or  other  roads,  or  to  construct  or  repair  any 
bridge  or  bridges,  or  to  construct  or  repair  any  other  distinctive  work 
on  the  road).” 

If  in  any  such  petition  a  special  election  shall  be  requested  for  such 
purpose,  it  shall  be  called  as  follows: 


115 


Upon  the  filing  of  such  petition  the  town  or  district  clerk  shall  call 
uch  special  town  or  district  election  by  posting  up  in  ten  of  the  most 
)ublic  places  in  said  town  or  district,  at  least  ten  days  prior  to  the  day 
ixed  for  said  special  town  or  district  election,  notice-  of  such  special 
own  or  district  election,  which  notices  shall  state  the  filing  of  said 
)etition,  the  time  and  place  of  said  special  election,  and  that  a  vote  will 
e  taken  at  said  election  or  meeting  upon  the  proposition,  ‘Tor  borrow- 

ng  $ . .  (to  construct  or  maintain  gravel,  rock,  macadam, 

ir  other  roads,  or  to  construct  or  repair  any  bridge  or  bridges,  or  to 
onstruct  or  repair  any  other  distinctive  work  on  the  road),^^  and  the 
nanner  in  which  the  voting  is  to  be  had.' 

Such  special  election  shall  be  held  at  the  place  of  the  last  annual 
own  or  district  election,  and  returns  thereof  shall  be  made  in  the  same 
nanner  as  other  special  or  district  elections  are  now  or  may  hereafter 
»e  provided  by  law. 

The  vote  at  such  regular  or  special  election  shall  invariably  be  by  a 
eparate  ballot  and  shall  be  in  the  following  form : 


For  borrowing  $ . to  construct  or  main- 

Yes 

tain  gravel,  rock,  macadam  or  other  roads. 

No 

And  if  it  shall  appear  that  a  majority  of  the  legal  voters  voting  at 
aid  election  on  said  proposition  voted  in  favor  of  said  proposition,  the 
ommissioners  of  highways  and  the  town  or  district  clerk,  as  the  case 
aay  be,  shall  issue  (from  time  to  time  as  the  work  progresses)  a  suffi- 
dent  amount,  in  the  aggregate,  of  the  bonds  of  said  town  or  district  for 
he  purpose  of  building  and  maintaining  gravel,  rock,  macadam  or  other 
oads,  or  for  the  purpose  of  constructing  or  repairing  such  bridge  or 
ridges,  or  for  the  purpose  of  constructing  or  repairing  such  other  dis- 
inctive  work  on  the  road  as  the  case  may  be.  Said  bonds  to  be  of  such 
ienominations,  bear  such  rate  of  interest,  not  exceeding  five  per  cent, 
ipon  such  time,  and  be  disposed  of  as  necessities  and  convenience  of  said 
own  or  district  may  require :  Provided,  that  said  bonds  shall  not  be  sold 
r  disposed  of  either  by  sale  or  by  payment  to  contractors  for  labor  and 
naterials  for  less  than  their  par  value;  such  bonds  to  be  issued  in  not 
nore  than  ten  annual  series;  the  first  series  of  which  shall  mature  not 
nore  than  five  years  from  the  date  thereof  and  each  succeeding  series  in 
succeeding  years  thereafter.  A  register  of  all  issues  of  said  bonds  shall 
)e  kept  in  the  office  of  the  county  clerk  of  the  count}^  in  which  said 
ownship  or  district  is  located,  showing  the  date,  amount,  rate  of  inter- 
;st,  maturity,  and  the  purpose  for  which  said  bonds  were  issued,  which 
uformation  shall  be  furnished  to  the  county  clerk  in  writing  by  the 
;own  or  district  clerk,  and  it  shall  be  the  duty  of  such  county  clerk  to 
jxtend  annually  against  the  property  in  said  township  or  road  district 
i  tax  sufficient  to  pay  the  interest  of  said  bonds  in  each  year  prior  to 
he  maturity  of  such  first  series  and  thereafter  he  shall  extend  the  tax 
n  each  year  sufficient  to  pay  each  series  as  it  matures,  together  with 


116 


interest  thereon  and  with  the  interest  npon  the  nnmatured  bonds  out¬ 
standing.  Such  bonds  may  be  lithographed  and  the  interest  for  each 
year  evidenced  by  interest  coupons  thereto  attached,  which  shall  be 
signed  by  the  same  officers  who  executed  by  original  or  facsimile  signa¬ 
tures  the  bonds :  Provided,  however,  that  the  amount,  including  the 
principal  and  interest  to  be  voted  upon,  shall  not  exceed  the  amount 
which  can  be  raised  during  a  period  of  five  years  by  a  levy  of  one  dollar 
per  year  on  each  one  hundred  dollars  of  taxable  property  as  taken  for 
assessment  purposes  in  such  town  or  district;  the  proceeds  of  said  bonds 
to  be  paid  to  the  treasurer  and  to  be  disbursed  by  him  upon  the  order  of 
the  commissioners  of  highways. 

§  113.  Duty  of  tkeasurer.]  The  treasurer  of  the  road  and  bridge 
fund  of  any  town  or  district  before  receiving  any  of  said  fund  herein 
provided  for,  shall  execute  a  good  and  sufficient  bond,  with  two  or  more 
sureties,  to  be  filed  with  the  town  clerk  or  district  clerk,  as  the  case 
may  be,  for  the  benefit  of  the  town  or  district,  in  double  the  amount 
which  will  probably  come  into  his  hands  by  virtue  of  this  subdivision  of 
this  Act. 

§  114.  Tax  collector — duty — commission.]  The  tax,  when  col¬ 
lected,  shall  be  paid  to  said  treasurer  as  fast  as  collected,  except  such 
rate  per  cent  as  shall  be  allowed  for  collecting  the  same,  and  said  tax 
shall  be  known  and  kept  as  the  permanent  road  fund.  The  treasurer 
shall  be  allowed  one  per  cent  on  all  of  said  fund  that  comes  into  his 
hands. 

§  115.  Surveys,  estimates,  etc.]  Whenever  it  shall  be  voted  to 
construct  gravel,  rock,  macadam  or  other  hard  roads  in  any  township  or 
district  it  shall  be  the  duty  of  the  county  superintendent  of  highways 
of  the  county  in  which  said  township  so  voting  is  located  to  at  once  sur¬ 
vey  (or  cause  to  be  surveyed)  the  route  of  the  road  thus  to  be  improved, 
and  to  prepare  suitable  maps,  plans,  specifications,  and  estimates  of  the 
cost  of  the  proposed  improvement.  The  county  superintendent  of  high¬ 
ways  shall  divide  the  same  into  convenient  sections,  each  of  which  shall 
be  numbered.  The  county  superintendent  of  highways,  upon  the  com¬ 
pletion  of  said  maps,  plans,  specifications,  and  estimates,  shall  file  one 
copy  of  the  same  with  the  town  or  district  clerk  of  tbe  township  whereic 
the  proposed  road  is  to  be  constructed  and  one  copy  with  the  commis¬ 
sioners  of  highways  of  said  township. 

§  116.  Plans — rids — notice.]  When  the  nlans  and  specifications 
are  completed,  the  commissioners  shall  advertise  for  sealed  bids  for  saic 
work,  by  publishintr  a  notice  thereof  for  at  least  three  weeks  in  some 
newspaper  published  in  said  township  or  road  district.  If  there  is  nc 
newspaper  published  therein,  then  in  the  newspaper  published  nearesi 
said  township  or  road  district,  and  also  by  posting  notices  in  at  least  ter 
of  the  most  public  places  in  said  town  or  road  district. 

§  117.  Plans  and  specifications — what  to  contain.]  Th< 
plans  and  specifications  shal]  provide  for  the  grading  of  a  road-bed  of  noi 
less  than  20  feet  in  width  on  the  surface,  and  so  constructed  as  to  drair 
freely  to  the  sides  and  with  all  necessary  side  and  lateral  ditches  and  tih 
drains,  bridges- and  culverts,  and  a  track  laid  with  gravel,  rock,  macadam 
or  other  hard  and  durable  substance,  not  less  than  seven  nor  more  thar 
sixteen  feet  in  width,  and  if  constructed  of  gravel  or  broken  stone,  not  lesi 


117 


han  ten  inches  thick  in  the  center,  and  eight  inches  thick  on  the  edges: 
^rovidedj  however^  this  section  shall  be  considered  as  directory  only,  and 
hall  not  prohibit  the  making  of  roads  of  different  width  or  thickness,  in 
he  discretion  of  the  commissioners. 

§  118.  Commissioners — opening  bids — eailure  to  give  bond.] 
bhe  commissioners  shall  appear  at  the  time  and  place  appointed,  for  the 
)urpose  of  opening  the  bids  and  shall  proceed  to  let  the  contract  publicly 
;o  the  lowest  responsible  bidder  or  bidders  by  sections,  with  proper  specifi- 
:ations  of  the  various  kind  of  labor  or  material  on  each  section,  and  bid- 
lers  shall  be  required  to  separately  state  their  bids  for  each  class  of  work 
n  such  manner  as  the  commissioners  may  provide,  and  each  contractor 
hall  be  required  to  give  bond  with  good  and  sufficient  sureties  for  the 
)erformance  of  his  contract,  payable  to  the  commissioners  for  the  use 
ind  benefit  of  the  town  or  district  wdth  the  necessary  specifications  and 
itipulations  on  the  part  of  the  contractor  entered  therein:  Provided, 
lowever,  no  contract  in  excess  of  the  sum  of  two  hundred  dollars 
($200.00)  shall  be  let  by  the  commissioners  of  highways  in  any  town  or 
listrict  without  the  approval  of  the  county  superintendent  of  highways. 
Slo  commissioner  shall  be  interested  either  directly  or  indirectly  in  any 
contract  relating  in  any  manner  to  said  road. 

§  119.  May  reject  bids.]  If  the  commissioners  of  highways  shall 
le  of  the  opinion  that  the  bids  are  too  high,  they  may  reject  the  same. 
S^o  contract  shall  be  deemed  as  let  unless  the  contractor  shall,  within  ten 
lays  after  the  letting,  enter  into  contract  and  file  a  bond  with  two  good 
ind  sufficient  sureties  with  the  commissioners,  in  the  penal  sum  of  double 
:he  amount  of  the  contract,  payable  to  the  commissioners  of  highways 
apon  the  failure  to  comply  with  the  conditions  of  his  or  their  contract. 

§  120.  Estimate — payment  op  contractor.]  The  county  super¬ 
intendent  of  highways  shall  make  estimates  of  the  work  done,  and  certify 
the  same  to  the  commissioners  of  highways  of  said  township,  not  oftener 
than  once  in  thirty  days,  as  may  have  been  provided  in  the  contracts, 
and  the  said  commissioners  of  highways  shall  then  issue  an  order  on  the 
treasurer  in  favor  of  the  contractor,  reserving  not  less  than  20  per  cent 
of  said  estimates,  to  guarantee  the  completion  of  the  contract.  Upon  the 
completion  of  the  contract  the  commissioners  and  the  county  superinten¬ 
dent  of  highways  shall  make  a  thorough  and  complete  examination  and 
estimate  of  said  work,  and,  if  found  in  accordance  with  the  specifications 
of  the  contract,  the  commissioners,  upon  the  certificate  of  the  county 
superintendent  of  highways,  shall  issue  his  order  on  the  treasurer  for 
the  full  amount  due  the  contractor. 

§  121.  Record — report — settlement.]  The  commissioners  shall 
keep  a  full  and  accurate  record  of  all  their  proceedings  under  this  Act, 
and  shall,  upon  the  completion  of  the  road,  file  with  the  town  or  district 
clerk  all  records,  papers,  plans,  plats,  estimates,  specifications  and  con¬ 
tracts,  and  shall  make  a  full  report  to,  and  settlement  with  the  board  of 
town  auditors  or  district  clerk  as  provided  in  section  50  of  this  Act.  If 
the  commissioners  fail  to  make  such  settlement,  the  supervisor  or  board 
of  county  commissioners  shall  cause  an  action  to  be  instituted  against 
them  in  the  corporate  name  of  the  township  or  road  district  to  enforce 
such  settlement. 


118 


§  122.  CoNSTKUCTiON  OF  ROAD — MATERIAL.]  The  Commissioners 
•and  the  county  superinteudent  of  highways  may,  in  their  discretion, 
cause  the  road  to  be  constructed  wholly  of  earth,  and  by  a  thorough 
system  of  tile  and  other  drainage,  when  gravel,  stone  and  other  suitable 
hard  materials  can  not  be  obtained  at  a  cost  within  the  means  in  the 
hands  of  the  commissioners. 

§  123.  Commissioners  may  take  materials.]  The  commission¬ 
ers,  for  the  purpose  of  constructing,  maintaining  or  repairing  gravel, 
rock,  macadam  or  other  hard  roads,  as  provided  in  this  subdivision  and 
for  procuring  materials  therefor,  may  enter  upon  lands  of  others,  doing 
no  more  damage  than  the  necessity  of  the  case  may  require,  and  take 
therefrom  such  material  as  is  necessary  for  the  construction  and  repair¬ 
ing  of  said  roads :  Provided,  that  the  commissioners  of  highways,  their 
employees,  or  teams,  shall  not  enter  upon  such  lands  for  the  purpose 
in  this  section  stated,  without  having  paid  or  tendered  the  amount  of 
damage  allowed  or  agreed  upon:  Provided,  that  the  commissioners  and 
the  party  or  parties  owning  or  controlling  the  lands  to  be  entered  upon, 
or  from  which  material  is  to  be  taken,  cannot  agree  as  to  the  amount  of 
damage  or  value  of  material,  that  the  amount  of  damage  shall  be  deter¬ 
mined  as  provided  for  in  the  law  for  exercising  the  right  of  eminent 
domain. 

§  124.  Compensation  of  commissioners  and  employees.]  The 
commissioners  shall  receive  the  same  compensation  for  their  services 
under  this  subdivision  of  this  Act  as  for  services  under  the  common 
road  law:  Provided,  however,  they  shall  not  receive  benefit  for  both 
kinds  of  service  on  the  same  day.  The  assistants  or  employees  shall 
receive  such  reasonable  compensation  as  may  be  agreed  upon.  The  com¬ 
missioners  shall  be  paid  out  of  the  road  and  bridge  fund  of  the  town 
or  district.  The  other  employees  shall  be  paid  by  the  commissioners 
out  of  the  permanent  road  and  bridge  fund  and  none  other. 

§  125.  Extension  of  road  within  city  or  village.]  Whenever 
a  special  tax  shall  have  been  levied  under  the  provisions  of  this  subdi¬ 
vision  of  this  Act,  the  commissioners  of  highways  of  any  town  or  district 
may,  by  agreement  with  the  city  council  or  board  of  trustees  of  any 
city  or  village  of  less  than  10,000  population,  extend  any  road  improved 
under  the  provisions  of  this  subdivision  within  or  through  the  corporate 
limits  of  such  city  or  village :  Provided,  such  extension  within  such 
city  or  village  shall  be  of  the  same  cost  and  kind  of  material  as  the  road 
outside  such  city  or  village,  to  be  paid  for  out  of  said  special  tax  and 
after  completion  to  be  maintained  by  the  municipal  authorities  of  such 
city  or  village  at  the  cost  of  such  city  or  village. 

§  126.  Powers  of  county  board.]  The  several  county  boards  of 
counties  are  hereby  vested  with  the  same  powers  for  constructing,  repair¬ 
ing  and  maintaining  gravel,  rock,  macadam  or  other  hard  roads  in  their 
respective  counties  as  the  commissioners  of  highways  acting  severally 
or  together  or  with  the  several  county  superintendents  of  highways 
according  to  the  provisions  of  this  Act.  The  county  board  of  any  county 
may  also  assist  any  town  or  road  district  therein  in  the  construction  of 
a  hard  road  under  the  provisions  of  this  Act,  to  the  extent  of  twenty- 
five  per  cent  of  the  cost  thereof:  Provided,  however,  that  the  question 
of  raising  a  special  permanent  road  tax  or  of  issuing  bonds  for  the  pur- 


119 


K)ses  set  forth  in  this  Act,  shall  first  be  submitted  to  the  legal  voters 
)f  the  county,  at  any  regular  election  for  county  officers,  on  the  petition 
if  one  hundred  land  owners  who  are  legal  voters  in  said  county,  to  the 
:ounty  clerk,  previous  to  time  of  posting  the  notices  for  said  county 
ilection,  said  petition  and  notices  to  designate  the  road  or  roads  to  be 
mproved  and  number  of  years,  not  to  exceed  five,  for  which  the  tax 
hall  be  continued. 

§  127.  Ballots — election — tax.]  The  ballots  to  be  used  at  elec- 
ions  provided  for  in  the  preceding  section  shall  be  in  the  form  pre- 
icribed  in  section  109  of  this  Act.  If  a  majority  of  all  the  ballots  cast 
it  said  election  shall  be  in  favor  of  the  special  permanent  road  tax,  it 
hall  be  the  duty  of  the  county  board  to  direct  the  county  clerk  to  extend 
uch  tax  against  all  the  taxable  property,  including  railroads  in  said 
:ounty,  and  proceed  in  the  construction  of  the  road  or  roads  voted  for 
n  the  same  manner  as  provided  for  the  guidance  of  commissioners  of 
lighways  in  their  respective  towns  or  districts. 

§  128.  Eoads  to  be  free.]  All  roads  constructed  under  the  pro- 
isions  of  this  subdivision  of  this  Act,  either  by  towns  or  districts  or 
ounties  shall  be  free  for  public  travel  and  kept  in  repair  by  the  proper 
uthorities  thereof. 

i 

§  129.  Surplus  fund.]  All  surplus  funds  remaining  in  the  hands 
if  the  treasurer  of  the  town  or  district  after  the'  completion  of  any  road 
irovided  for  under  this  subdivision  of  this  Act  shall  be  turned  over  to 
he  common  road  fund  of  said  town  or  road  district,  as  the  case  may  be, 
xcept  so  much  thereof  as  the  commissioners  may  order  retained  for  the 
lurpose  of  repairing  said  permanent  road. 

ARTICLE  VII. 

Certain  Provisions  Applicable  Generally  to  Highway 

Officials. 

§  130.  Tile  drains — contract  with  owners.]  Whenever  the 
;uiiiniisi5ioners  of  highways  are  about  to  lay  a  tile  drain  along  any  pub¬ 
ic  road  other  than  a  State  aid  road,  or  the  State  Highway  Commission 
ir  county  superintendent  of  highways  is  about  to  lay  such  tile  drain 
dong  a  State  aid  road,  the  said  highway  commissioner [s].  State  Highway 
Jommission,  or  county  superintendent  of  highways,  as  the  case  may  be, 
hall  have  the  power  to  contract  with  the  owners  or  occupants  of  adjoin- 
ng  lands  to  lay  larger  tile  than  would  be  necessary  to  drain  the  road, 
ind  to  permit  connection  therewith  by  such  contracting  parties  to  drain 
heir  lands :  Provided,  that  all  such  contracts  on  roads  other  than  State 
lid  roads  for  a  sum  in  excess  of  $200.00  shall  be  made  on  behalf  of  any 
own  or  road  district  by  the  highway  commissioners  thereof,  with  the 
lonsent  of  the  county  superintendent  of  highways. 

§  131.  Willow  liedges — public  nuisance.]  Where  willow  hedges, 
>r  a  line  of  willow  trees  have  been  planted  along  the  margin  of  a  road, 
0  as  to  render  tiling  impracticable,  the  commissioners  of  highways  if 
:he  road  be  other  than  a  State  aid  road,  and  the  State  Highway  Commis- 
ion  or  the  county  superintendent  of  highways,  if  the  road  be  a  State  aid 
oad,  may  contract  with  the  owner  for  their  destruction ;  and  they  shall 


120 


be  destroyed  before  tiling.  The  planting  of  these  trees  hereafter  on  the 
margin  of  roads  is  hereby  declared  to  be  a  public  nuisance. 

§  132.  Carriages  may  be  kept  off  highways — when.]  The 
proper  highway  officials  are  hereby  authorized  to  keep  carriages  and 
vehicles  of  every  kind  off  the  public  highways  wherever  necessary  to 
properly  repair  the  same. 

§  133.  Commissioners  may  enter  lands  to  open  ditches,  etc. 

- WHEN  OWNER  WILL  NOT  CONSENT - PROCEEDINGS.]  The  MghwaV 

commissioners  of  the  towns  and  road  districts  are  hereby  author¬ 
ized  to  enter  upon  ahy  land  adjacent  to  any  highway  in  their 
respective  towns  or  districts  for  the  purpose  of  opening  any  ditch,  ^ 
whenever  it  shall  be  necessary  to  open  a  water  course  from  any 
highway  to  the  natural  water  course ;  and  to  dig,  open  and  clean 
ditches  upon  said  land  for  the  purpose  of  carrying  off  the  water  from 
said  highways ;  or  to  drain  any  slough  or  pond  on  said  highways : 
Provided,  that  unless  the  owner  of  such  land,  or  his  agents,  shall  first 
consent  to  the  cutting  of  such  ditches,  the  commissioners  shall  apply  to 
any  justice  of  the  peace  of  the  county  in  which  such  road  is  situated  for 
a  summons,  directed  to  any  constable  of  said  county,  commanding  him 
to  summon  the  said  owner  to  appear  before  the  said  justice,  at  a  time 
and  place  specified  in  such  summons,  not  less  than  five  nor  more  than 
fifteen  days  from  the  date  thereof,  for  the  purpose  of  having  the  damages 
assessed  which  such  owner  may  sustain  by  reason  of  the  digging  or  open¬ 
ing  of  such  ditches  or  drains.  The  said  summons  shall  be  under  the  hand 
of  such  justice  and  be  served  in  the  same  manner  as  summons  is  now 
served  in  civil  actions  before  justices  of  the  peace.  On  the  return  of  such 
summons,  a  venire  shall  be  issued  for  a  jury,  as  in  other  cases  in  the  trial 
of  civil  actions  before  justices  of  the  peace,  which  jury  shall  assess  such 
damages  and  render  a  verdict  therefor.  Whereupon  judgment  shall  be 
entered  by  the  justice  in  accordance  with  the  verdict.  If  either  party 
shall  feel  aggrieved  by  such  judgment,  an  appeal  may  be  taken  as  in 
other  cases :  Provided,  bond  is  filed  within  five  days  from'  the  time  of 
entering  of  the  judgment.  If  no  appeal  is  perfected  within  five  days  the 
amount  so  awarded  shall  be  paid  before  the  commissioners  of  highways 
shall  be  warranted  and  empowered  to  enter  upon  such  lands  and  dig, 
open  and  clean  such  drains,  ditches  and  water  courses  as  aforesaid  for  the 
purposes  contemplated  in  this  Act.  The  commissioners  are  authorized 
to  use  the  poll  tax  and  road  money  of  their  town  or  district  for  the  pay¬ 
ment  of  such  judgment:  Provided,  that  not  more  than  one-half  of  such 
jury  shall  be  residents  of  the  town  or  district  which  is  liable  to  pay  the 
damages:  Provided,  further,  that  in  case  the  owner  of  said  lands  is  a 
non-resident,  service  may  be  had  by  leaving  a  copy  with  the  occupant  or 
agent,  or  by  notice  in  the  same  manner  as  prescribed  in  section  84  of 
this  Act. 

§  134.  Material  for  constructing  roads — eminent  domain.] 
The  State  Highway  Commission,  the  State  Highway  Engineer,  the 
county  superintendent  of  highways  and  the  commissioners  of  highways 
of  any  town  or  district,  for  the  purpose  of  constructing,  maintaining  or 
repairing  gravel,  rock  or  other  roads,  and  for  procuring  material  therefor, 
may  enter  upon  lands  of  others,  doing  no  more  damage  than  the  necessity 
of  the  case  may  require,  and  take  therefrom  such  material  as  is  necessary 


121 


for  the  construction  or  repair  of  said  roads :  Provided,  that  such  State 
highway  Commission^  State  Highway  Engineer,  county  superintendent 
)r  commissioners  of  highways,  their  employees  or  teams  shall  not  enter 
ipon  such  lands  for  the  purpose  stated  in  this  Act  without  having  paid 
)r  tendered  the  amount  of  damages  allowed  or  agreed  upon:  A7id,  pro- 
nded,  further,  if  such  State  Highway  Commission,  State  Highway  Engi- 
leer,  county  superintendent  of  highways  or  commissioners  of  highways 
ind  the  party  or  parties  owning  or  controlling  the  lands  to  be  entered 
ipon,  or  from  which  matei'ial  is  to  be  taken,  can  not  agree  as  to  the 
imount  of  damage  or  value  of  such  material,  that  the  amount  of  damage 
hall  be  determined  as  provided  for  in  the  law  for  exercising  the  right 
>f  eminent  domain. 

§  135.  Authouity  to  straighten  water  courses.]  Whenever 
iny  public  road  shall  be  petitioned  for,  and  located,  in  part,  in  the  bed  of 
my  stream,  the  highway  commissioners  of  the  several  towns  or  districts 
ire  hereby  authorized  to  enter  upon  the  adjacent  land  on  which  said 
itream  is  located,  for  the  purpose  of  changing  the  current  of  the  said 
dream,  so  that  it  will  not  flow  upon  or  over  such  proposed  roadway ;  and 
;o  dig  any  necessary  ditches  for  such  purpose :  Provided,  that  in  case  the 
)wner  of  such  land  or  his  agent  shall  not  consent  to  such  straightening 
)f  said  stream,  then  the  commissioners  shall  first  proceed  to  have  the 
lamages  assessed  and  paid,  in  the  same  manner  as  is  now  provided  for 
he  assessment  and  payment  of  damages  in  proceedings  to  open  ditches 
'or  the  drainage  of  public  highways. 

§  13G.  Eight  of  owner  to  aiake  crossing — costs.]  Any  person 
wning,  using  or  occupying  lands  on  both  sides  of  any  public  highway, 
hall  be  entitled  to  the  privilege  of  making  a  crossing  under  said  highway 
or  the  purpose  of  letting  his  cattle  and  other  domestic  animals  cross  said 
oad :  Provided,  said  person  shall  erect  at  his  own  expense,  a  good  and 
Libstantial  bridge,  with  good  railings  on  each  side  thereof,  and  build  an 
mbankment,  of  easy  grade,  on  either  side  of  said  bridge;  said  bridge  to 
e  not  less-  than  sixteen  feet  wide,  and  to  be  approved  in  the  case  of  a 
date  aid  road  by  the  State  Highway  Commission,  State  Highway  Engi- 
-eer  or  county  superintendent  of  highways,  and  in  the  case  of  any  other 
ran  a  State  aid  road,  to  be  approved  by  the  commissioners  of  highways 
f  the  town  or  district  in  which  said  bridge  is  built,  and  the  same  to  be 
ept  constantly  in  good  repair  by  the  owner  or  occupant  of  said  land,  the 
Dnstruction  subject  always  to  the  consent  and  approval  of  said  State 
[ighway  Commission,  State  Highway  Engineer-,  county  superintendent 
f  highways  or  commissioners  of  highways,  as  the  case  may  be:  And, 
rovided,  further,  that  in  case  such  crossing  is  made  on  any  waterway  or 
atural  channel  for  water  and  where  a  culvert  or  bridge  is  maintained  as 
squired  for  road  purposes,  said  owners  or  occupants  shall  not  be  required 
)  pay  for  or  construct  any  more  of  said  crossings  than  the  additional 
Dst  of  such  crossing  over  and  above  the  necessary  cost  of  a  suitable  cul- 
2rt  or  bridge  for  road  purposes  at  such  place. 

§  137.  To  KEEP  DOWN  iveeds.]  The  commissioners  of  highways  in 
leir  respective  towns  or  road  districts,  shall  annually,  at  the  proper 
iason,  to  prevent  the  spread  of  the  same,  destroy  or  cause  to  be  des- 
■oyed,  all  cockle  burr,  Canada  thistles,  Eussian  thistle  and  all  other 
inds  of  thistles,  or  other  noxious  weeds,  growing  brush  or  plants  grow- 


122 


ing  on  or  upon  all  public  roads  other  than  State  aid  roads-  within  their 
respective  towns  or  districts.  The  State  Highway  Engineer  or  the  county 
superintendent  of  highways  shall  attend  to  the  destruction  of  such  weeds, 
thistles  and  plants  upon  all  State  aid  roads.  It  is  also  hereby  made  the 
duty  of  the  highway  officers  aforesaid  to  seasonably  mow  and  keep  down 
all  weeds  or  other  vegetation  growing  along  the  highways  under  their 
respective  jurisdictions. 

Penalty.]  Any  highway  officer  failing  to  comply  with  the  pro¬ 
visions  of  this  section  shall  be  liable  to  a  fine  of  not  less  than  $10.00  or 
more  than  $25.00  for  each  season  in  which  he  shall  neglect  the  require¬ 
ments  of  this  Act. 

§  138.  Capacity  of  bridges  and  culverts.]  It  shall  be  unlawful 
hereafter  to  construct  any  bridge  or  culvert  upon  any  ravine,  creek  or 
river  upon  a  public  highway  or  street  in  any  town,  county  or  city  in  this 
State  unless  such  bridge  or  culvert  shall  have  the  capacity  of  sustaining 
a  weight  of  at  least  one  hundred  pounds  to  the  square  foot. 

Penalty.]  Any  person  who  shall  violate. the  provisions  of  this  sec¬ 
tion  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
fined  not  to  exceed  $200.00. 


ARTICLE  yill. 

Law  of  the  Road — Offenses  and  Penalties. 

§  139.  Certain  roads  declared  public  highways.]  All  roads  in 
this  State  which  have  been  laid  out  in  pursuance  of  any  law  of  this  State, 
or  of  the  Territory  of  Illinois,  or  which  have  been  established  by  dedica¬ 
tion  or  used  by  the  public  as  highways  for  fifteen  (15)  years,  and  which 
have  not  been  vacated  in  pursuance  of  law,  are  hereby  declared  to  be  pub¬ 
lic  highways. 

§  140.  The  term  carriage.]  The  term  ^Tarriage’^  as  used  in  this 
Act  shall  be  construed  to  include  stage  coaches,  wagons,  carts,  sleighs, 
sleds,  automobiles,  motorcycles,  motor  vehicles  and  every  other  carriage 
or  vehicle  used  for  the  transportation  of  passengers  and  goods,  or  either 
of  them. 

§  141.  Notice  against  fast  driving  over  bridge.]  The  commis¬ 
sioners  of  highways,  the  State  Highway  Commission,  the  State  Highway 
Engineer,  or  the  county  superintendent  of  highways,  when  they  deem  it 
advisable,  may  put  up  and  maintain  in  conspicuous  places  at  each  end 
of  any  bridge  a  notice  with  the  following  words  in  large  characters : 
^‘Five  dollars  fine  for  riding  or  driving  on  this  bridge  faster  than  a 
walk.^^  If  any  person  shall  ride  or  drive  over  any  bridge,  upon  which 
such  notice  has  been  placed,  faster  than  a  walk,  he  shall  forfeit  the  sum 
of  five  dollars  for  every  such  offense. 

§  142.  Destroying  or  defacing  guide  boards,  etc.]  For  destroy¬ 
ing  or  defacing  any  guide  board,  post  or  milestone,  or  any  notice  or  direc¬ 
tion  put  up  on  any  bridge  or  otherwise,  by  or  with  the  authority  of  the 
State  Highway  Commission,  State  Highway  Engineer,  county  superin¬ 
tendent  of  highways,  or  the  commissioners  of  highways  of  any  town  or 
district,  the  offender  shall  forfeit  a  sum  of  no  [not]  less  than  three 
dollars,  nor  more  than  fifty  dollars. 


123 


§  143.  Depositing  in  road  weeds^  garbage^  etc.]  It  is  hereby 
declared  unlawful  for  any  person  to  deposit  in  a  public  road  weeds,  trash, 
garbage  or  other  offensive  matter  or  any  broken  bottles,  glass,  boards, 
containing  projecting  nails  or  any  other  thing  likely  to  cause  punctures 
in  the  tires  of  automobiles  or  motor  vehicles ;  and  any  person  so  offending 
shall  be  liable  to  a  penalty  of  not  less  than  three  dollars  nor  more  than 
ten  dollars:  Provided,  however,  that  this  section  shall  not  apply  to 
proper  deposits  of  harmless  materials  made  in  good  faith  and  in  a  proper 
manner  to  repair  the  roads. 

§  144.  Injuring  sidewalks,  bridges,  etc.]  If  any  person  shall 
purposely  destroy  or  injure  any  sidewalk,  public  bridge,  culvert,  or  cause¬ 
way,  or  remove  any  of  the  timber  or  plank  thereof,  or  obstruct  the  same, 
he  shall  forfeit  a  sum  not  less  than  three  nor  more  than  one  hundred 
dollars,  and  shall  be  liable  for  all  damages  occasioned  thereby  and  all 
necessary  costs  for  rebuilding  or  repairing  the  same. 

§  145.  Turn  to  the  right.]  That  whenever  any  person  traveling 
with  any  carriages,  shall  meet  on  any  turnpike,  road  or  public  highway 
in  this  State,  the  persons  so  meeting  shall  seasonably  turn  their  carriages 
to  the  right  of  the  beaten  track,  so  as  to  permit  each  carriage  to  pass 
without  interfering  or  interrupting,  under  the  penalty  of  five  dollars  for 
every  neglect  or  offense,  to  be  recovered  by  the  party  aggrieved :  Pro¬ 
vided,  this  section  shall  not  be  construed  to  apply  to  a  case  where  it  is 
impracticable  from  the  nature  of  the  ground  for  the  driver  of  the  carri¬ 
age  or  wagon  to  turn  to  the  right  of  the  beaten  track. 

§  146.  Drunken  driver — penalty.]  No  person  owning  any  car¬ 
riage,  running  or  traveling  upon  any  road  in  this  State  for  the  conveyance 
of  passengers,  shall  knowingly  employ,  or  continue  in  employment,  any 
person  to  drive  such  carriage  who  is  addicted  to  drunkenness  or  the  exces¬ 
sive  use  of  spirituous  liquors;  and  if  anv  such  owner  shall  violate  the 
provisions  of  this  section,  he  shall  forfeit  at  the  rate  of  $5.00  per  day  for 
all  the  time  he  shall  keep  such  driver  in  his  employment.  Any  person 
driving  his  own  team,  or  the  team  of  another,  on  the  public  highway, 
when  intoxicated,  shall  be  subject  to  a  fine  of  not  less  than  $3.00,  nor 
more  than  $25.00  for  each  ofPense. 

§  147.  Drunken  driver,  discharge  of.]  If  any  driver,  while 
actually  employed  in  driving  any  such  carriage  shall  be  guilty  of  intoxi¬ 
cation,  to  such  a  degree  as  to  endanger  the  safety  of  the  passengers  in  the 
carriage,  it  shall  be  the  duty  of  the  owner  of  such  carriage,  on  receiving 
written  notice  of  the  fact,  signed  bv  anv  one  of  said  passengers,  and  certi¬ 
fied  by  him  on  oath,  forthwith  to  discharge  such  driver  from  his  employ¬ 
ment;  and  every  such  owner  who  shall  retain,  or  have  in  his  employ, 
within  thirty  days  after  the  receipt  of  such  notice,  any  driver  who  shall 
have  been  so  intoxicated,  shall  forfeit  at  the  rate  of  five  dollars  per  day 
for  the  time  during  which  he  shall  keep  any  such  driver  in  his  employ¬ 
ment  after  receiving  such  notice. 

§  148.  Running  HORSES,  ETC.,  ON  PUBLIC  ROADS.]  No  person  driv¬ 
ing  any  carriage  upon  any  turnpike,  road  or  public  highway  within  the 
State,  with  or  without  passengers  therein,  shall  run  his  horses,  or  carriage 
or  permit  the  same  to  run,  upon  any  occasion,  or  for  any  purpose  wh^at- 
ever,  except  in  case  of  necessity;  and  every  person  who  shall  offend 
against  the  provisions  of  this  section  shall  he  deemed  guilty  of  a  mis- 


124 


demeanor,  and  on  conviction  thereof,  shall  be  fined  not  exceeding  $100.00 
or  imprisoned  not  exceeding  sixty  days,  at  the  discretion  of  the  court. 

§  149.  Team  to  be  hitched.]  It  shall  not  be  lawful  for  the  driver 
of  any  carriage,  used  for  the  purpose  of  conveying  passengers  for  hire, 
to  leave  the  horses  attached  thereto  while  passengers  remain  therein, 
without  making  such  horses  fast  with  a  sufficient  halter,  rope  or  chain, 
or  by  placing  the  lines  in  the  hands  of  some  other  person,  so  as  to  prevent 
their  running;  and  if  any  such  driver  shall  offend  against  the  provisions 
of  this  section,  he  shall  forfeit  the  sum  of  $20.00  to  be  recovered  by 
action,  to  be  commenced  within  six  months;  and  unless  the  amount  of 
such  recovery  be  paid  forthwith,  execution  shall  be  immediately  issued 
therefor. 

§  150.  OlVNER  LIABLE  FOR  DAMAGES - DRIVER  OF  STAGE^  ETC.^ 

GUILTY  OF  MISDEMEANOR.]  The  owner[s]  of  every  carriage  running  upon 
any  turnpike,  road  or  public  highway,  for  the  conveyance  of  passengers, 
shall  be  liable,  jointly  or  severally  to  the  party  injured,  in  all  cases,  for  all 
injuries  or  damages  done  by  any  person  in  the  employment  of  such 
owners  as  a  driver  while  driving  such  carriage,  to  any  person,  or  to  the 
property  of  any  person,  and  that  whenever  the  act  occasioning  such  injury 
or  damage  be  wilful,  negligent  or  otherwise,  in  the  same  manner  as  such 
driver  would  be  liable.  Any  driver  of  any  mail  stage  coach,  or  any  other 
vehicle  for  the  conveyance  of  passengers,  wilfully  offending  against  the 
provisions  of  this  Act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  not  exceeding  $300.00,  or  imprisoned 
not  exceeding  four  months. 

§  151.  Injuring  or  obstructing  roads^  etc.]  If  any  person  shall 
injure  or  obstruct  a  public  road  by  felling  a  tree  or  trees  in,  upon  or 
across  the  same,  or  by  placing  or  leaving  any  other  obstruction  thereon, 
or  encroaching  upon  the  same  with  any  fence,  or  by  plowing  or  digging 
any  ditch  or  other  opening  thereon,  or  by  turning  a  current  of  water  so 
as  to  saturate  or  wash  the  same,  or  shall  leave  the  cuttings  of  any  hedge 
thereon,  for  more  than  ten  days,  he  shall  forfeit  for  every  such  offense 
a  sum  not  less  than  three  dollars,  nor  more  than  ten  dollars ;  and  in  case 
of  placing  any  obstruction  on  the  highway,  an  additional  sum  of  not  ex¬ 
ceeding  three  dollars  per  day  for  every  day  he  shall  suffer  such  obstruc¬ 
tion  to  remain  after  he  has  been  ordered  to  remove  the  same  by  the  com¬ 
missioners  of  highways,  or  in  case  the  road  is  a  State  aid  road,  after  he 
has  been  ordered  to  remove  the  same  by  the  State  Highway  Commission, 
State  Highway  Engineer  or  county  superintendent  of  highways.  Any 
person  feeling  himself  aggrieved  may  make  complaint  under  this  section : 
Provided,  however,  this  section  shall  not  apply  to  any  person  who  shall 
lawfully  fell  any  tree  for  use  and  shall  immediately  remove  the  same  out 
of  the  road,  nor  to  any  person  through  whose  land  a  public  road  may 
pass,  who  shall  desire  to  drain  his  land,  and  who  shall  give  due  notice  to 
the  proper  highway  officials  of  such  intention :  And,  provided,  further, 
that  the  commissioners  of  highways.  State  Highway  Commission,  State 
Highway  Engineer,  or  county  superintendent  of  highways,  as  the  case 
may  be,  after  having  given  reasonable  notice  (to  the  owners)  of  the 
obstruction,  or  persons  so  obstructing,  or  plowing,  or  digging  ditches 
upon  such  road,  of  the  obstruction,  may  remove  any  such  fence  or  other 
obstruction,  fill  up  any  such  ditch  or  excavation,  except  ditches  necessary 


125 


to  the  drainage  of  an  adjoining  farm  emptying  into  a  ditch  upon  the 
highway,  and  recover  the  necessary  cost  of  such  removal  from  such  owner 
or  other  person  obstructing  such  road  aforesaid,  to  be  collected  by  the 
highway  officials  having  jurisdiction  of  the  road  whereon  such  offense 
was  committed. 

§  152.  Obstructing  person  in  highavay.]  If  any  person  shall 
wilfully  and  unnecessarily  hinder,  obstruct  or  delay,  or  shall  wilfully 
and  unnecesssarily  attempt  to  delay,  hinder  or  obstruct  any  other  person 
in  lawfully  driving  or  traveling  along  or  upon  any  public  highway  in  this 
State,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  shall  be  fined  not  less  than  ten  (10)  nor  more  than  twenty-five 
(25)  dollars;  and  shall  also  be  liable  for  all  damages  occasioned  to  any 
person  by  reason  of  a  violation  of  this  section. 

§  153.  Itinerant  camping  on  public  highways  unlawful.]  It 
shall  be  unlawful  for  any  itinerant  person  or  persons  on  any  public  high¬ 
way  in  this  State  to  either  hitch  or  turn  loose  any  stock,  cows,  horses  or 
other  animals  for  purpose  of  feeding  same  or  for  purpose  of  temporary 
camping  on  such  public  highways  of  this  State  for  a  period  to  exceed 
twelve  hours  in  any  one  township  or  district. 

Penalty  for  violating  this  section.]  Any  legal  voter  or  resident 
in  this  State  may  enter  complaint  before  any  court  having  jurisdiction 
against  any  person  or  persons  found  violating  this  section  and  it  shall 
be  the  duty  of  such  court  to  issue  a  warrant  for  the  arrest  of  such  viola¬ 
tors  and  have  them  brought  forthwith  before  said  court  for  examination, 
and  if  found  guilty  of  such  violation  as  charged,  shall  be  fined  in  a  sum 
not  less  than  ten  dollars  ($10.00)  or  exceeding  fifty  dollars  ($50.00)  for 
each  such  offense,  or  committed  to  the  county  jail  not  exceeding  thirty 
days,  at  the  discretion  of  such  court. 

§  154.  Engines  on  public  highways.]  It  shall  be  the  duty  of 
persons  in  charge  of  any  steam,  or  gasoline  or  oil  traction  engine,  being 
propelled  over  the  highways  of  this  State,  to  stop  said  engine  whenever 
they  meet  any  person  or  persons  going  in  the  opposite  direction  on  said 
highway  with  horses  or  other  animals,  until  said  horses  or  other  animals 
shall  have  passed  by;  and  said  engine  shall  be  stopped  when  it  is  one 
hundred  (100)  yards  distant  from  said  horses  or  other  animals,  and 
sooner  in  case  said  horses  or  other  animals  become  frightened  at  said 
engine  before  arriving  at  said  distance.  The  owner  or  driver  of  said 
engine  shall  also  keep  a  good,  trusty  man  not  less  than  fifty  (50)  nor 
more  than  two  hundred  (200)  yards  in  advance  of  said  engine,  to  assist 
in  controlling  any  horses  or  other  animals  being  driA^en  or  used  on  said 
highway;  until  said  horses  or  other  animals  shall  haAm  passed  by  said 
engine;  and  it  shall  be  the  duty  of  the  man  thus  sent  in  advance  to  use 
all  reasonable  care  and  diligence  to  preA^ent  the  occurrence  of  any 
accidents  which  might  result  in  case  said  horses  or  other  animals  become 
frightened  at  said  steam  engine. 

When  unlaavful  to  bloav  avhistle.]  It  shall  he  unlaAvful  for  any 
person  to  blow  the  whistle  of  said  engine  while  on  the  public  highway. 

Penalty.]  Any  owner  of  a  steam,  or  gasoline  or  oil  traction  engine, 
who,  by  him.self ,  agent  or  employee,  violates  the  proAUsions  of  this  section, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 


126 


shall,  for  each  offense,  be  fined  not  less  than  ten  dollars  nor  more  than 
fifty  dollars,  to  be  recovered  before  any  court  of  competent  jurisdiction, 
and  shall  also  be  liable  for  all  damages  that  may  be  sustained  by  persons 
or  property  by  reason  of  his  failing  to  comply  with  the  provisions  of  this 
section. 

§  155.  Suits  for  recovery  of  fines  or  penalties  under  act^ 
now  BROUGHT — APPLICATION  OF  FINES.]  All  suits  foT  the  recovery  of  any 
fine  or  penalty  under  this  Act,  including  as  well  such  offenses  as  may  he 
committed  upon  or  in  relation  to  State  aid  roads  as  upon  other  roads, 
shall  be  brought  in  the  name  of  the  town  or  district  in  which  the  offense 
is  committed,  before  any  justice  of  the  peace  within  the  county,  who  shall 
have  jurisdiction  in  such  cases,  to  the  extent  of  their  jurisdiction  in  other 
cases,  or  before  any  other  court  of  competent  jurisdiction :  Provided,  that 
all  suits  or  fines  and  penalties,  incurred  under  this  Act,  on  town  or  district 
and  county  line  roads,  shall  he  brought  in  the  name  of  the  town  or  dis¬ 
trict  to  which  that  part  of  the  road  shall  have  been  allotted,  before  any 
justice  of  the  peace  who  shall  have  jurisdiction  in  such  cases  to  the  extent 
of  their  jurisdiction  in  other  cases  or  before  any  other  court  of  competent 
jurisdiction;  and  it  shall  be  the  duty  of  the  State  Highway  Commission, 
State  Highway  Engineer,  county  superintendent  of  highways  and  com¬ 
missioners  of  highways  to  seasonably  prosecute  for  all  fines  and  penalties 
under  this  Act ;  but  in  case  of  failure  of  said  officers  to  so  prosecute, 
complaint  may  be  made  by  any  person:  Provided,  said  person  shall 
before  bringing  suit  in  the  name  of  the  town  or  district,  give  bond  for 
costs,  as  is  provided  for  in  case  of  a  non-resident.  But  whenever  any 
person  shall  enter  complaint  to  any  of  said  highway  officials,  it  shall  be 
the  duty  of  such  highway  official  to  at  once  proceed  to  investigate  as  to 
the  reason  of  such  complaint,  and  if  such  complaint  is  found  to  be  just, 
he  shall  at  once  proceed  to  pro‘iecntion. 

§  156.  Fines — now  disposed  of.]  All  fines  and  penalties  recovered 
under  the  provisions  of  this  Act  for  offenses  committed  upon  or  in  rela¬ 
tion  to  State  aid  roads,  shall,  unless  otherwise  provided,  be  paid  over  to 
the  county  treasurer,  and  hv  him  transmitted  to  the  State  Treasurer  to 
become  a  part  of  the  State  road  and  bridge  fund.  All  fines  and  penalties 
recovered  under  the  provisions  of  this  Act  for  offenses  committed  upon 
or  in  relation  to  all  other  roads  shall,  unless  otherwise  provided,  be  paid 
over  to  the  treasurer  of  the  road  and  bridg’e  fund  of  the  town  or  district 
where  the  offense  is  committed  to  he  expended  upon  the  roads  and  bridges 
in  said  district  or  town.  The  judgment  or  docket  entry  of  the  court  or 
justice  imposing  a  fine  or  penalty  for  violation  of  this  Act  as  aforesaid, 
shall  in  each  instance  specify  whether  such  offense  was  committed  upon 
or  in  relation  to  a  State  aid  road  or  a  road  other  than  a  State  aid  road. 

§  157.  Eestriction — jurisdiction.]  ISTothing  contained  in  this 
Act  shall  interfere  with  or  affect  any  law  concerning  hackney  coaches  or 
carriasres  in  anv  of  the  cities  of  this  State,  nor  interfere  with  nor  affect 
the  laws  or  ordinances  of  any  such  city  for  the  licensing  or  regulating 
such  coaches  or  carriages.  Justices  of  the  peace  shall  have  jurisdiction 
of  all  cases  arising  under  this  Act,  where  the  penalty  does  not  exceed 
their  jurisdiction. 


127 


ARTICLE  IX. 

Optional — Single  Highway  Commissioner  System  Provided  For. 

§  158.  Provisions  optional.]  The  provisions  of  this  article  shall 
become  effective  in  any  township  or  road  district  in  this  State  upon  the 
adoption  of  the  same  by  the  legal  voters  of  such  township  or  road  dis¬ 
trict  as  hereinafter  provided  and  not  otherwise. 

§  159.  Petitions  for  adoption — election.]  At  any  time  follow¬ 
ing  the  passage  and  approval  of  this  Act,  on  petition  of  not  less  than 
twenty-five  of  the  legal  voters  of  any  township  or  road  district,  the  town 
or  district  clerk  thereof  shall,  within  thirty  days  thereafter,  call  a  special 
election  at  which  there  shall  be  submitted  to  the  voters  of  such  town  or 
road  district  the  question  of  having  a  single  highway  commissioner  in 
such  township  or  road  district :  Provided^  however,  that  no  such  election 
shall  be  held  within  the  period  of  thirty  days  next  preceding  any  annual 
town  or  road  district  election,  and  elections  for  the  purposes  specified  in 
this  section  shall  not  be  held  oftener  than  once  in  three  years:  And,  pro¬ 
vided,  further,  that  in  all  counties  not  under  township  organization  which 
are  now  operating  under  the  optional  Act  entitled,  ^^An  Act  in  regard 
to  roads  and  bridges  in  counties  not  under  township  organization,  and  to 
provide  for  the  adoption  of  the  same,’^  approved  May  10,  1901,  no  special 
election  shall  be  held  for  the  purposes  provided  in  this  section  until  the 
division  of  such  counties  into  road  districts  as  provided  in  section  41 
of  this  Act. 

§  160.  Notice  of  election.]  Upon  the  filing  of  a  petition  for  an 
election  to  change  from  the  three  highway  commissioner  system  to  the 
single  highway  commissioner  system,  as  provided  in  the  preceding  sec¬ 
tion,  the  town  or  district  clerk  shall  post  notices  of  the  time  and  place 
of  holding  such  special  election  in  at  least  three  of  the  most  public  places 
in  said  town  or  road  district,  which  notices  shall  be  posted  at  least  fifteen 
days  prior  to  the  time  of  holding  such  election. 

§  161.  Ballots — conduct  of  special  election.]  The  ballots  to 
be  used  at  said  election  shall  contain  the  following  form:  “For  Single 
Highway  Commissioner  System “Against  Single  Highwav  Commis¬ 
sioner  System.”  The  special  election  held  pursuant  to  the  provisions  of 
this  article  shall  be  conducted  in  the  same  manner  and  subject  to  the 
same  laws  and  regulations  as  are  prescribed  for  other  elections  held 
pursuant  to  the  provisions  of  this  Act. 

§  162.  Result  of  election.]  If  a.  majority  of  the  legal  voters 
voting  at  said  special  election  shall  vote  in  favor  of  the  proposition, 
“For  Single  Highway  Commissioner  System,”  then  and  thereafter  and 
until  said  vote  shall  be  reversed  in  the  manner  hereinafter  provided  the 
provisions  of  this  article  shall  be  effective  in  such  township  or  road  dis¬ 
trict,  and  in  said  township  or  road  district  there  shall  be  but  one  high¬ 
way  commissioner  to  be  elected  as  hereinafter  provided. 

§  163.  Election  of  commissioner — tenure  of  office.]  At  the 
next  annual  town  meeting  or  road  district  election  held  uext  after  the 
adoption  of  the  provisions  of  this  article  by  any  town  or  road  district  in 
this  State,  there  shall  be  elected  a  single  highway  commissioner  for  such 
town  or  district,  who  shall  hold  his  office  for  three  years  and  until  liis 
successor  is  elected  and  qualified.  And  thereafter  there  shall  be  elected 


128 


every  three  years  a  highway  commissioner  as  the  successor  of  the  high¬ 
way  commissioner  whose  term  of  office  shall  expire.  The  official  term  of 
any  highway  commissioner  holding  office  at  the  time  of  the  adoption  of 
this  article  by  any  town  or  road  district  shall  expire  upon  the  qualifica¬ 
tion  of  the  single  highway  commissioner  elected  at  said  next  ensuing 
annual  town  meeting  or  road  district  election. 

§  164.  PeOVISIONS  specially  applicable  to - COUNTIES  NOT 

UNDER  TOWNSHIP  ORGANIZATION — (a)  CLERK.]  In  any  road  district  in  a 
county  not  under  township  organization  adopting  the  provisions  of  this 
article,  the  district  clerk  shall  be  elected  at  the  same  time  as  the  highway 
commission  [er].  The  official  term  of  any  such  clerk  holding  office  at  the 
time  of  the  adoption  of  this  article  by  any  town  or  road  district  shall 
expire  upon  the  qualification  of  the  district  clerk  elected  at  said  next 
ensuing  annual  road  district  election. 

(B)  Conduct  of  elections.]  In  all  road  districts  in  counties  not 
under  township  organization  having  adopted  the  provisions  of  this 
article,  the  regular  election  for  commissioner  of  highways  and  district 
clerk  shall  be  held  on  the  first  Tuesday  in  April  every  three  years  at 
the  place  designated  by  the  commissioner  of  highways.  The  commis¬ 
sioner  of  highways  and  two  other  persons  to  be  named  by  the  county 
board  for  each  road  district  of  the  county  operating  under  this  article 
shall  act  as  judges  of  election,  and  the  district  clerk  shall  be  ex  officio 
clerk  of  all  district  elections,  but  before  entering  upon  the  discharge  of 
their  duties  they  shall  take  the  oath  of  office  prescribed  by  the  general 
'election  laws  of  the  State.  In  the  absence  of  any  of  the  above  named 
officers  the  vacancy  shall  be  filled  by  appointment  by  the  commissioner, 
or  in  his  absence  by  the  district  clerk,  and  in  case  both  the  commissioner 
and  the  district  clerk  are  absent,  the  electors  present  shall  appoint  such 
•  officers. 

§  165.  (A)  Powers,  duties  and  compensation  of  highway 

COMMISSIONER.]  In  any  town  or  road  district  which  shall  adopt  the  pro¬ 
visions  of  this  article  all  the  powers  and  duties  hereinbefore  vested  in 
the  board  of  highway  commissioners  and  the  members  thereof,  shall 
thereafter  be  fully  enjoyed,  exercised  and  employed  by  the  single  high¬ 
way  commissioner  provided  for  in  this  article,  and  all  the  preceding  pro¬ 
visions  of  this  Act,  in  so  far  as  compatible  with  the  provisions  of  this 
article,  shall  remain  and  be  in  full  force  and  effect. 

(B)  Compensation.]  In  any  town  or  road  district  adopting  the 
provisions  of  this  article,  the  single  highway  commissioner  herein  pro¬ 
vided  for  shall  receive  for  each  and  every  day  he  is  necessarily  employed 
in  the  discharge  of  his  duties  a  salary  to  be  fixed  by  the  county  board 
in  counties  not  under  township  organization  and  by  the  board  of  town 
auditors  in  counties  under  township  organization  not  to  exceed  in  coun¬ 
ties  of  the  first  class  three  dollars  and  fifty  cents  ($3.50)  per  day,  in 
counties  of  the  second  .class  four  dollars  ($4.00)  per  day,  and  in  counties 
of  the  third  class  five  dollars  ($5.00)  per  day,  upon  a  sworn  statement 
to  be  filed  by  such  commissioner  in  the  office  of  the  town  or  district  clerk, 
showing  the  number  of  days  he  was  employed  and  the  kind  of  employ¬ 
ment,  and  giving  the  dates  thereof. 

§  166.  Withdrawal  from  PROviffioNs  of  this  article.]  Any 
town  or  road  district  having  adopted  the  provisions  of  this  article  may 


129 


withdraw  from  the  provisions  thereof  and  elect  to  come  under  the  general 
provisions  of  this  Act  whereby  three  highway  commissioners  are  provided 
for  in  each  town  or  road  district.  Such  withdrawal  from  the  provisions 
of  this  article  shall  by  the  vote  of  the  legal  voters  of  such  town  or  dis¬ 
trict,  and  provisions  therefor  may  be  inaugurated  by  petition  to  the  town 
or  district  clerk,  in  the  manner  provided  in  section  161  of  this  Act. 
Upon  the  filing  of  such  petition  a  special  election  therefor  shall  be  called, 
and  conducted,  and  the  result  thereof  declared  as  provided  in  sections 
161,  162  and  164  of  this  Act:  Provided,  that  no  such  special  election 
shall  be  held  within  the  period  of  thirty  days  preceding  the  second  Tues¬ 
day  in  April  in  any  year.  At  said  special  election  the  proposition 
petitioned  for  and  submitted  to  the  voters  shall  be  as  follows :  ^Tor  con¬ 
tinuing  single  Highway  Commissioner  System^^  and  ^^Against  continuing 
[single]  Highway  Commissioner  system.”  A  majority  of  all  the  -voters 
voting  at  such  election  shall  be  required  to  withdraw  such  town  or  road 
district  from  the  provisions  of  this  article,  and  after  any  town  or  district 
has  voted  to  withdraw  from  the  provisions  of  this  article,  no  special  elec¬ 
tion  shall  be  called  to  return  to  the  provisions  of  this  said  article  for 
a  period  of  at  least  three  years. 

§  167.  Election  of  officers  upon  withdrawal  from  this 
ARTICLE.]  In  case  any  town  or  road  district  having  adopted  the  pro¬ 
visions  of  this  article  shall  elect  to  withdraw  therefrom  and  come  under 
the  three  commissioner  system  as  provided  in  the  preceding  section  of 
this  Act,  the  town  or  district  clerk  shall  give  notice,  in  the  manner  here¬ 
inbefore  provided  that  at  the  next  annual  town  meeting  in  counties  under 
township  organization,  or  at  an  election  to  be  held  on  the  first  Tuesday 
in  April  then  next  ensuing  in  counties  not  under  township  organization, 
there  will  be  elected  three  highway  commissioners  for  such  town  or  road 
district.  Of  the  three  commissioners  elected  at  the  election  held  pur¬ 
suant  to  such  notice,  one  shall  hold  his  office  for  three  years,  one  for  two 
years  and  the  third  for  one  year,  to  be  determined  between  them  by  lot 
before  entering  upon  the  duties  of  their  office.  Upon  the  election  and 
qualification  of  the  members  of  such  board  of  highway  commissioners 
the  unexpired  portion  of  the  term  of  any  single  highway  commissioner 
who  may  be  in  office  by  virtue  of  the  preceding-  provisions  of  this  article 
shall  thereby  be  terminated. 

In  all  road  districts  in  counties  not  under  township  organization 
electing  to  withdraw  from  the  provisions  of  this  article,  as  aforesaid, 
a  district  clerk  shall  also  be  elected  at  the  time  and  place  of  holding  the 
election  of  the  three  highway  commissioners  as  aforesaid,  and  the  unex¬ 
pired  portion  of  the  term  of  any  district  clerk  then  in  office  shall  termi¬ 
nate  upon  the  qualifications  of  the  clerk  elected  at  such  election. 

ARTICLE  X. 

Act  Construed — Statutes  Repealed. 

§  168.  Part  invalid.]  The  invalidity  of  any  portion  of  this  Act 
shall  not  affect  the  validity  of  any  portion  thereof  which  can  be  given 
effect  without  such  invalid  part. 

§  169.  Certain  acts  repealed.]  The  following  Acts  and  parts  of 
Acts  are  hereby  repealed : 

— 9  L  L 


130 


Act  in  regard  to  roads  and  bridges  in  counties  under  township 
organization,  and  to  repeal  an  Act -and  parts  of  Acts  therein  named/V 
approved  June  23,  1883:  Provided,  however,  that  all  officials  now  hold¬ 
ing  office  under  said  Act  shall  continue  to  exercise  and  enjoy  their  re¬ 
spective  rights,  powers,  duties  and  emoluments  as  therein  provided  until 
the  first  election  of  highway  officials  held  under  and  pursuant  to  the 
provisions  of  this  Act. 

“^^An  Act  to  provide  for  the  organization  of  road  districts,  the  election 
and  duties  of  the  officials  therein,  and  in  regard  to  roads  and  bridges,  in 
counties  not  under  township  organization,  and  to  repeal  an  Act  and  parts 
of  Acts  therein  named,^’  approved  May  4,  1887 :  Provided,  however,  that 
all  officials  now  holding  office  under  said  Act  shall  continue  to  exercise 
and  enjoy  their  respective  rights,  powers,  duties  and  emoluments  as 
therein  provided  until  the  first  election  of  highway  officials  held  under 
and  pursuant  to  the  provisions  of  this  Act. 

^^An  Act  in  regard  to  roads  and  bridges  in  counties  not  under  town¬ 
ship  organization  and  to  provide  for  the  adoption  of  the  same,”  approved 
May  10,  1901 :  Provided,  however,  that  all  officials  now  holding  office 
under  said  Act  shall  continue  to  exercise  and  enjoy  their  respective 
rights,  powers,  duties  and  emoluments  as  therein  provided  until  the  first 
election  of  highway  officials  held  under  and  pursuant  to  the  provisions 
of  this  Act. 

“An  Act  requiring  the  destruction  of  cockle  burrs,  weeds  or  plants,” 
approved  May  31,  1879. 

“An  Act  to  amend  sections  one  (1)  and  two  (2)  of  an  Act  entitled 
‘An  Act  requiring  the  destruction  of  cockle  burrs,  weeds  or  plants,^ 
approved  May  31,  1879,  and  by  adding  thereto  sections  three  (3),  four 
(4)  and  five  (5),”  approved  June  2,  1895. 

“An  Act  to  authorize  the  construction  and  maintenance  of  gravel, 
rock,  macadam  or  other  hard  roads,”  approved  June  18,  1883. 

“An  Act  to  protect  persons  and  property  from  danger  from  steam 
engines  on  public  highways,”  approved  June  26,  1885. 

“An  Act  to  enable  commissioners  of  highways  to  condemn  lands 
under  the  right  of  eminent  domain  for  the  purpose  of  procuring  rock, 
gravel  or  other  material  for  building  or  repairing  public  roads,”  approved 
June  21,  1895. 

“An  Act  authorizing  the  highway  commissioners  of  any  township  to 
construct  sidewalks  in  unincorporated  villages,”  approved  June  21,  1895. 

“An  Act  concerning  travel  upon  public  highways,”  approved  June 
21,  1895. 

“An  Act  to  regulate  the  construction  of  bridges  and  culverts,”  ap¬ 
proved  April  21,  1899. 

“An  Act  to  provide  for  appointment  of  a  good  roads  commission  and 
to  make  an  appropriation  therefor,”  approved  May  15,  1903. 

“An  Act  entitled  ‘An  Act  to  enable  commissioners  of  highways  in 
counties  not  under  township  organization  to  straighten  water  courses 
in  the  construction  of  public  roads,^  ”  approved  May  16,  1905. 

“An  Act  authorizing  the  commissioners  of  highways  in  any  township 
in  counties  under  township  organization  and  the  commissioners  of 
highways  or  boards  of  county  commissioners  in  counties  not  under  town- 


131 


ship  organization,  to  maintain  earth  roads  with  a  drag  and  to  contract 
for  the  use  of  the  same  and  provide  penalty  for  injury  to  work  so  done/^ 
approved  May  31,  1907. 

^^4n  Act  making  it  the  duty  of  counties  under  township  organization 
and  towns  in  counties  under  township  organization  to  build,  construct 
and  maintain  approaches  to  bridges  located  on  or  near  town  and  county 
lines,”  approved  June  4,  1907. 

'^^An  Act  to  protect  turnpike  and  gravel  or  macadara  roads  and  to 
provide  a  penalty  for  its  violation,”  approved  June  5,  19il. 

“An  Act  to  authorize  counties  changing  from  township  organization 
to  county  organization  to  assess  a  poll  tax,  road  labor  and  road  tax  at  any 
meeting  of  the  county  commissioners  during  the  first  year  after  such 
change,”  approved  May  28,  1879. 

“An  Act  in  regard  to  itinerant  camping  on  public  highways,”  ap¬ 
proved  April  21,  1899. 

“An  Act  to  establish  a  State  Highway  Commission  defining  the 
duties  thereof  and  to  make  an  appropriation  for  experimental  pur¬ 
poses,”  approved  May  18,  1905. 

“Section  16  of  an  Act  entitled,  ^An  Act  to  revise  the  law  in  relation 
to  township  organization,^  ”  approved  March  4,  1874,  and  as  amended 
by  an  Act  approved  May  10,  1901. 

“An  Act  to  provide  for  the  election  af  the  commissioners  of  high¬ 
ways  in  counties  under  township  organization,  and  to  legalize  the  elec¬ 
tion  and  official  acts  of  such  as  were  elected  in  the  years  1874  and  1875, 
and  to  fix  the  compensation  of  the  treasurers  of  such  commissioners,” 
approved  April  15,  1875. 

Approved  June  27,  1913. 


Safety  Appliances 

An  Act  to  amend  sections  1,  3  and  If.  of  an  Act  entitled,  ''An  Act  pro^ 
viding  for  the  inspection  of  equipment  and  operation  of  safety 
appliances  on  railroads  engaged  in  moving  traffic  between  points  in 
the  State  of  Illinois/'  [Approved  May  12,  1905;  in  force  July  1, 
1905.'] 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  three  inspectors  of  auto¬ 
matic  couplers,  power  brakes  and  grabirons  or  handholds  on  railroad 
locomotives,  tenders,  cars  and  similar  vehicles,  shall  be  appointed  by 
the  Eailroad  and  Warehouse  Commissioners,  within  thirty  days  after 
this  [Act]  goes  into  effect,  who  shall  hold  office  two  years,  unless  sooner 
removed  for  cause,  and  until  their  successors  are  appointed  and  quali¬ 
fied.  At  any  time  a  vacancy  occurs  in  this  office,  the  Eailroad  and 
Warehouse  Commissioners  shall  immediately  fill  the  vacancy  by 
appointment. 

Xo  person  is  eligible  to  hold  this  office  who  is  an  officer  or  an 
employee  of  a  railroad  company,  or  owns  or  is  interested,  directly  or 
indirectly,  in  the  stocks  or  bonds  of  any  railroad  company  or  who  has 
not  had  at  least  seven  years  of  practical  experience  on  some  line  of  rail- 


132 


road  operated  in  the  State  of  Illinois  in  one  or  more  of  the  following 
capacities:  Engineer,  fireman,  conductor,  yardmaster,  brakeman,  train 
baggageman,  switchman,  car  inspector  or  car  repairer. 

§  3.  Said  inspectors  shall  have  the  nght  of  passing  in  the  per¬ 
formance  of  their  respective  duties,  over  all  railroads  and  upon  all  rail¬ 
road  trains  in  this  State,  and  over,  upon  or  in  all  instrumentalities  used 
hy  any  common  earner  in  the  transportation  of  persons  or  property 
between  points  wholly  within  the  State  of  Illinois.  Each  inspector  shall 
be  paid  a  salary  of  fifteen  hundred  dollars  ($1,500)  per  year  and  neces¬ 
sary  expenses,  which  shall  be  paid  in  the  manner  now  provided  by  law 
for  the  salaries  and  expenses  of  the  Railroad  and  Warehouse  Commis¬ 
sioners.  Said  inspectors  shall  have  their  offices  in  the  State  House,  in 
the  office  of  the  Railroad  and  Warehouse  Commissioners,  and  shall  be 
under  the  supervision  of  said  commissioners. 

§  4.  It  shall  be  the  duty  of  the  said  inspectors  to  inspect  the 
surface  and  track  conditions  of  train  yards,  sanitary  condition  of  cars 
used  in  transporting  persons  between  points  in  Illinois,  and  investigate 
train  accidents  resulting  in  injury  to  persons  or  property.  Said  in¬ 
spectors  shall  inspect  the  couplers,  power  brakes,  and  grabirons  or  hand¬ 
holds  and  other  portions  of  cars  and  engines  used  by  persons  on  the 
railroads  engaged  in  moving  traffic  between  points  in  Illinois,  and  shall 
make  weekly  reports  of  his  [their]  inspections,  reporting  all  conditions 
to  the  Railroad  and  Warehouse  Commission. 

Approved  June  26,  1913. 


Semi-monthly  Payment  of  Wages  and  Salaries  by  Corporations 

FOR  Pecuniary  Profit 

An  Act  in  relation  to  the  semi-monthly  payment  of  wages  and  salaries 
by  corporations  for  pecuniary  profit,  and  providing  penalty  for  vio¬ 
lation  of  same. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  every  corporation  for 
pecuniary  profit  engaged  in  any  enterprise  or  business  within  the  State 
of  Illinois,  shall  as  often  as  semi-monthly  pay  to  every  employee  engaged 
in  its  business  all  wages  or  salaries  earned  by  such  employee  to  a  day 
not  more  than  eighteen  (18)  days  prior  to  the  date  of  such  payment. 
Any  emplo3^ee  who  is  absent  at  the  time  fixed  for  payment,  or  who  for 
any  other  reason  is  not  paid  at  that  time,  shall  be  paid  thereafter  at  any 
time  upon  six  days^  demand,  and  any  employee  leaving  his  or  her  employ¬ 
ment  or  discharged  therefrom,  shall  be  paid  in  full  following  his  or  her 
dismissal  or  voluntary  leaving  his  or  her  employment,  at  any  time  upon 
three  days^  demand.  Ho  corporation  coming  within  the  meaning  of 
this  Act,  shall  by  special  contract  with  employees  or  by  any  other  means 
secure  exemption  from  the  provision  of  this  Act.  And  each  and  every 
employee  of  any  corporation  coming  within  the  meaning  of  this  Act 
shall  have  his  or  her  right  of  action  against  any  such  corporation  for 
the  full  amount  of  his  or  her  wages  due  on  each  regular  pay  day  as 
herein  provided  in  any  court  of  competent  jurisdiction  of  this  State. 


133 


§  2.  Any  corporation  coming  within  the  meaning  of  this  Act 
violating  section  one  (1)  of  this  Act,  shall  be  deemed  guilty  of  a  mis¬ 
demeanor  and  fined  in  a  sum  not  less  than  twenty-five  dollars  ($25)  or 
more  than  one  hundred  dollars  ($100)  for  each  separate  offense  and 
each  and  every  failure  or  refusal  to  pay  each  employee  the  amount  of 
wages  due  him  or  her  at  the  time,  or  under  the  conditions  required  in 
section  1  of  this  Act,  shall  constitute  a  separate  offense. 

Approved  June  21,  1913. 


Shot  Fibers  in  Mines — ^^Dead  Hole"^  Defined 

An  Act  to'  amend  sections  2  and  7  of  an  Act  entitled,  '‘An  Act  pro¬ 
viding  that  operators  of  mines  shall  furnish  shot  firers  in  mines 
ivhere  shooting  and  blasting  is  donef'  approved  May  IS,  1905,  in 
force  July  1,  1905,  as  amended  by  Act  approved  Alay  20,  1907,  in 
force  July  1,  1907. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly  :  That  sections  2  and  7  of  an  Act 
entitled,  “An  Act  providing  that  operators  of  mines  shall  furnish  shot 
firers  in  mines  where  shooting  and  blasting  is  done,^^  approved  May  18, 
1905,  in  force  July  1,  1905,  as  amended  by  Act  approved  May  20,  1907, 
in  force  July  1,  1907,  be  and  the  same  are  hereby  amended  so  as  to 
read  as  follows : 

§  2.  In  all  mines  in  this  State  where  coal  is  blasted,  and  where 
more  than  two  pounds  of  powder  is  used  for  any  one  blast;  and,  also, 
in  all  mines  in  this  State  where  gas  is  generated  in  dangerous  quantities, 
a  sufficient  number  of  practical,  experienced  miners,  to  be  designated  as 
shot  firers,  shall  be  employed  by  the  company,  and  at  its  expense,  whose 
duty  it  shall  be  to  inspect  and  do  all  the  firing  of  all  blasts,  prepared 
in  a  practical,  workmanlike  manner  in  said  mine  or  mines. 

§  7.  Ho  person  or  persons  shall  order,  command  or  induce  by 
threat  or  otherwise,  any  shot  firer  to  fire  any  unlawful  shot,  or  any  shot 
which  in  his  judgment,  after  due  inspection,  shall  not  be  a  workman¬ 
like,  proper  and  practical  shot. 

Ho  person  shall  drill  or  shoot  a  dead  hole  as  hereinafter  defined. 
A  ^Mead  hole^^  is  a  hole  where  the  width  of  the  shot  at  the  point 
measured  at  right  angles  to  the  line  of  the  hole  is  so  great  that  the  heel 
is  not  of  sufficient  strength  to  at  least  balance  the  resistance  at  the 
point.  The  heel  means  that  part  of  the  shot  which  lies  outside  of  the 
powder. 

Approved  June  27,  1913. 


Teachers^  Pension  Fund  in  Districts  Under  Special  Acts 


§  1.  Teachers’  pension  fund  in  district  of  10,000 
to  100,000  under  special  Acts. 

§  2.  Board  of  management. 

§  3.  What  fund  consists  of. 

4.  Control  of  funds— investments. 


§  5.  Who  entitled  to  benefits — classifications — 
contributions. 

§  6.  Contributors — beneficiaries. 

§  7.  Resolution  declaring  maturity  of  service,  etc. 
§  8.  Annuities  and  pensions. 


134 


Teachers^  Pension  Fund — Concluded. 


§  9.  Deductions  certified  to  treasurer— special 
fund — warrants. 

§10.  Custodian  of  fund — bond— refund  to  teach¬ 
ers  not  re-employed  or  retiring. 

§  11.  All  teachers  become  contributors. 

§  12.  Exemption  from  attachment  or  garnish¬ 
ment. 

§  13.  Interest  added  to  fund. 


§  14.  Establishment  of  fund  by  majority  vote. 

§  15.  Validation  of  former  Acts. 

§  16.  Applicable  to  distiicts  created  by  special 
charter. 

§  17.  Term  ‘‘teachers”  defined. 

§  18.  Continuance  under  general  law. 


(Senate  Bill  No.  89.  Approved  June  27,  1913.) 

An  Act  to  enable  any  board  of  school  inspectors,  or  any  body  or  hoard  of 
officials,  which  governs,  or  has  charge  of  the  affairs  of  any  school 
district  having  a  population  of  not  fewer  than  10,000  and  not  more 
than  100,000  inhabitants,  and  governed  by  special  Acts  of  the 
General  Assembly  of  this  State  and  in  such  other  districts  as  may 
hereafter  be  ascertained  by  any  special  or  general  census  to  have 
such  population  and  which  school  districts  are  also  governed  by 
like  special  Acts,  to  establish  and  maintain  a  teachers"  pension  and 
retirement  fund. 


Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  all  school  districts, 
having  a  population  of  not  fewer  than  10,000,  and  not  more  than  100,000 
inhabitants  organized  under  and  governed  by  special  Acts  of  the  Gen¬ 
eral  Assembly  of  this  State  and  in  such  other  districts  as  may  hereafter 
be  ascertained  by  any  special  or  general  census  to  have  a  population  of 
not  less  than  ten  thousand  nor  more  than  one  hundred  thousand  and 
which  may  also  be  governed  by  any  such  special  Acts,  the  board  of  school 
inspectors,  of  every  such  district,  or  the  body  or  board  of  officials  which 
governs,  or  has  charge  of,  the  affairs  of  any  such  school  district,  may 
establish  and  maintain  in  and  for  said  district  a  teachers’  pension  and 
retirement  fund. 

§  2.  Said  board  of  school  inspectors,  or  the  body  or  board  of  offi¬ 
cials  which  governs,  or  has  charge  of,  the  affairs  of  any  such  school  dis¬ 
trict  wherein  the  provisions  of  this  Act  may  be  made  operative,  shall 
cause  to  be  elected  a  board  of  management  foj  the  purpose  of  carrying 
out  the  provisions  of  this  Act.  Said  board  of  management  shall  con¬ 
sist  of  either  three  or  nine  members,  as  said  board  of  school  inspectors, 
or  the  body  or  board  of  officials  which  governs,  or  has  charge  of,  the 
affairs  of  anv  such  school  district  shall  determine.  Two-thirds  of  the 

%j 

membership  of  said  board  of  management  shall  consist  of  members  of 
the  active  teaching  force  of  said  district,  who  are  contributors  to  said 
pension  and  retirement  fund  and  they  shall  be  elected  by  the  members 
of  said  active  teaching  force  of  said  district  who  are  contributors  to 
said  pension  and  retirement  fund,  in  such  manner  and  for  such  terms 
as  said  board  of  school  inspectors,  or  the  body  or  board  of  officials 
which  governs,  or  has  charge  of,  the  affairs  of  any  such  school  district 
shall  by  resolution  determine.  One-third  of  the  membership  of  said 
board  of  management  shall  consist  of  members  of  the  said  board  of 
school  inspectors,  or  the  body  or  board  of  officials  which  governs,  or 
has  charge  of,  the  affairs  of  any  such  school  district.  Such  representa- 


135 


tive  shall  be  selected  by  such  board  of  school  inspectors,  or  the  body 
or  board  of  officials  which  governs,  or  has  charge  of,  the  affairs  of  any 
such  school  district  for  such  terms  as  said  board  may  by  resolutions 
determine. 

§  3.  The  teachers^  pension  and  retirement  fund  shall  consist  of 
moneys  contributed  by  teachers  under  the  provisions  of  this  Act;  also 
of  moneys  received  from  donations,  legacies,  gifts,  bequests  and  other¬ 
wise,  and  of  moneys  paid  into  said  fund  in  pursuance  of  any  law  now 
in  force  or  hereafter  enacted. 

§  4.  The  board  of  school  inspectors,  or  the  body  or  board  of 
officials  which  governs,  or  has  charge  of,  the  affairs  of  any  such  school 
district,  shall  have  charge  of  such  funds  and  shall  invest  the  same  at 
interest.  The  rate  of  interest,  which  shall  not  be  less  than  four  per 
cent  nor  more  than  seven  per  cent,  per  annum,  payable  annually,  shall 
be  determined  by  a  majority  of  the  said  board  of  school  inspectors,  or 
the  body  or  board  of  officials  which  governs,  or  has  charge  of  the 
affairs  of  any  such  school  district,  at  any  regular  or  special  meeting, 
^^o  loan  shall  be  made  for  less  than  one  year  nor  more  than  five  3^ears. 
All  loans  shall  be  secured  by  mortgage  on  unencumbered  realty  situated 
in  this  State,  worth  at  least  fifty  per  cent  more  than  the  amount 
loaned,  with  a  condition  that  in  case  additional  security  shall  be  required 
at  any  time  it  shall  be  given  to  the  satisfaction  of  the  board  of  school 
inspectors  or  body  or  board  of  officials.  In  estimating  the  value  of 
realt}^  mortgaged  to  secure  the  payment  of  mone}^  loaned,  tlie  value  of 
improvements  liable  to  be  destroyed  may  be  included;  but  in  such  case 
the  improvements  shall  be  insured  for  theh*  insurable  value  in  a 
responsible  insurance  company  or  companies,  and  the  policy  or  policies 
shall  be  transfen'ed  to  the  board  of  school  inspectors  or  body  or  board 
of  officials  as  additional  security  and  shall  be  kept  so  insured  until  the 
loan  is  paid.  Nothing  herein  shall  prevent  the  investing  of  the  principal 
of  the  said  fund  in  bonds  issued  by  the  State,  the  Sanitary  District  of 
Chicago,  counties,  townships  and  cities  in  this  State  and  in  bonds  of 
such  school  district  when  the  same  have  been  issued  for  the  purpose  of 
building  or  repairing  school  houses,  in  such  district,  or  purchasing  and 
improving  school  sites,  when  the  issuance  of  such  bonds  has  been 
authorized  by  the  majority  of  the  votes  cast  at  an  election  held  for  that 
purpose.  Said  board  of  school  inspectors,  or  body  or  board  of  officials, 
shall  have  the  power  to  make  payments  from  such  fund  of  pensions  and 
annuities  granted  in  pursuance  of  this  Act. 

§  5.  Any  person  who  shall  be  employed  to  teach  in  the  public 
schools  of  the  district  where  the  provisions  hereof  may  be  in  force  after 
this  Act  shall  take  effect,  shall  be  entitled  to  the  benefits  of  the  said 
fund  upon  complying  with  the  provisions  of  this  Act,  and  for  the  purpose 
of  this  Act,  such  persons  shall  be  divided  into  the  following  classes : 

First — Those  who  have  taught  five  years  or  fewer  than  five  years 
in  the  public  schools. 

Second — Those  who  have  taught  more  than  five  years  and  not  more 
than  ten  vears. 

Third — Those  who  have  taught  more  than  ten  years  and  not  more 
than  fifteen  vears. 

Fourth — Those  who  have  taught  more  than  fifteen  years. 


136 


After  this  Act  shall  take  effect,  there  shall  be  set  apart  from  the 
salaries  of  each  teacher  in  the  employ  of  the  board  of  school  inspectors, 
or  the  body  or  board  of  officials  which  governs,  or  has  charge  of,  the 
affairs  of  any  such  school  district  $5  per  annum  while  they  remain  in 
the  first  class ;  $10  per  annum  while  they  remain  in  the  second  class ; 
$15  per  annum  while  they  remain  in  the  third;  and  $30  per  annum 
while  they  remain  in  the  fourth  class,  which  amounts  shall  be  deducted 
by  the  board  of  school  inspectors,  or  the  body  or  board  of  officials  which 
governs,  or  has  charge  of,  the  affairs  of  any  such  school  district,  in 
equal  installments  from  their  respective  salaries  at  the  regular  times 
for  the  payment  thereof,  and  be  paid  into  and  constitute  a  part  of  the 
said  teachers’  pension  and  retirement  fund  of  the  district. 

•  §  C.  Teachers  who  become  contributors  to,  and  beneficiaries  of,  the 

said  pension  and  retirement  fund,  under  provisions  of  this  Act,  may 
count  past  services  as  a  part  of  the  period  of  twenty-five  years  herein¬ 
after  specified,  by  paying  into  the  fund  a  sum  equal  to  that  which  he 
or  she  would  have  contributed  under  the  provisions  of  this  Act,  had  he 
or  she  been  a  regular  contributor  to  said  fund,  during  said  period  of 
past  service,  together  with  interest  thereon  at  the  rate  of  four  per  cent 
per  annum  from  the  time  such  payments  would  have  been  made  had 
such  person  during  such  time  been  a  contributor  to  such  fund,  to  the 
time  such  person  shall  by  making  such  payment  become  entitled  to  the 
benefits  and  credit  of  such  past  service. 

§  T.  The  board  of  management  shall  adopt  a  resolution  declaring 
and  fixing  the  maturity,  of  service  and  the  right  to  immediate  benefits 
of  the  fund,  in  favor  of  the  persons  entitled  to  the  benefits  thereof  in 
the  following  cases: 

First — When  any  person  shall  have  taught  in  the  public  schools 
for  a  period  of  twenty-five  years  within  the  meaning  of  this  Act. 

Second — When  any  contributor  to  the  fund  shall  have  taught 
fifteen  years  in  public  schools,  within  the  meaning  of  this  Act,  and  shall 
have  been  declared  by  three  competent  physicians  who  have  made  a 
physical  examination  of  the  teacher,  at  the  request  of  the  board  of 
management,  to  be  suffering  from  a  permanent  disability:  Provided, 
however,  that  the  board  of  management  shall  not  declare  any  contributor 
entitled  to  the  immediate  benefits  of  the  fund  until  he  or  she  shall  have 
taught  in  the  public  schools  of  the  district  three-fifths  of  the  term  of 
service  of  25  or  15  years,  as  the  case  may  be:  And,  provided,  further, 
that  no  person  shall  be  entitled  to  the  benefits  of  the  fund  until  he  or 
she  shall  have  retired  from  service  as  a  teacher. 

§  8.  Each  teacher  so  retired  or  retiring  after  twenty-five  years  of 
service  shall  be  entitled  thereafter  to  receive  from  said  fund  an  annuity 
not  to  exceed  $400,  and  each  teacher  so  retired,  because  of  permanent 
disabilitv,  after  15  vears  of  service  shall  receive  from  said  fund  as 
an  annual  pension  such  proportion  of  the  full  annuity  of  $400  as  the 
sum  contributed  by  such  teacher  so  retired  bears  to  the  total  contribu¬ 
tions  required  for  a  full  annuity.  Pensions  and  annuities  shall  be  paid 
monthly  during  the  school  year  out  of  the  said  fund  created  in  accordance 
with  the  provisions  of  this  Act,  in  the  manner  and  at  the  times  provided 
by  law  for  the  payment  of  the  salaries  of  teachers. 


137 


§  9.  The  president  and  secretary  of  the  board  of  school  inspectors 
or  the  body  or  board  of  officials,  which  governs  or  has  charge  of  the 
affairs  of  any  such  school  district,  shall  certify  monthly  to  the  treasurer 
of  such  fund  all  amounts  deducted  from  the  salaries  of  teachers,  special 
teachers,  principals  and  superintendents  in  accordance  with  the  pro¬ 
visions  of  this  Act,  which  amounts  together  with  all  other  moneys 
contributed  to  the  fund,  shall  be  set  apart  and  held  by  the  treasurer  of 
the  district  as  a  special  fund  for  the  purposes  herein  specified,  and  shall 
be  paid  out  on  recommendation  of  the  board  of  management  upon  war¬ 
rants  signed  by  the  president  and  secretary  of  the  board  of  school 
inspectors,  or  the  body  or  board  of  officials,  which  governs  or  has  charge 
of  the  affairs  of  any  such  school  district. 

§  10.  The  treasurer  of  the  district  or  of  the  board  of  school 
inspectors  or  body  or  board  of  officials,  which  governs  or  has  charge  of 
the  affairs  of  any  such  school  district,  shall  be  ex  officio  the  custodian  of 
the  pension  and  retirement  fund,  and  shall  hold  the  same  subject  to  the 
control  and  direction  of  the  board  of  school  inspectors,  or  body  or  board 
of  officials,  which  governs  or  has  charge  of  the  affairs  of  any  such  school 
district  in  accordance  with  the  provisions  of  this  Act.  The  said 
treasurer  shall  keep  his  books  and  accounts  concerning  such  fund  in  the 
manner  prescribed  by  the  board  of  school  inspectors,  or  the  body  or 
board  of  officials,  which  governs  or  has  charge  of  the  affairs  of  any  such 
school  district  and  his  books  and  accounts  shall  be  subject  to  the  inspec¬ 
tion  of  the  board  of  school  inspectors,  or  the  body  or  board  of  officials, 
which  governs  or  has  charge  of  the  affairs  of  any  such  school  district,  or 
any  member  thereof  or  the  board  of  management  or  any  member  thereof. 
The  treasurer  shall  be  liable  on  his  official  bond  for  the  proper  perform¬ 
ance  of  his  duties  and  the  conservation  of  the  fund  created  by  this  Act, 
and  such  treasurers^  bonds  in  all  districts  where  this  Act  may  be  in  force 
shall  be  so  conditioned  as  to  cover  the  liability  for  such  fund.  Any 
legal  proceedings  which  may  be  necessary  for  the  enforcement  of  the 
provisions  of  this  Act  shall  be  brought  by  and  in  the  name  of  the  board 
of  school  inspectors,  or  the  body  or  board  of  officials,  which  governs  or 
has  charge  of  the  affairs  of  any  such  school  district,  for  the  use  of  the 
pension  and  retirement  fund. 

If  at  any  time  a  teacher  who  is  willing  to  continue  as  a  teacher  in 
the  schools  of  said  district  is  not  re-employed  as  such  or  is  discharged  as 
such  before  the  time  at  which  he  or  she  would  be  entitled  to  a  pension 
under  the  provisions  of  this  Act,  then  to  such  teacher  shall  be  refunded 
the  money  he  or  she  may  have  contributed  to  said  fund.  Any  teacher 
who  shall  retire  voluntarily  from  the  service  of  said  district  prior  to 
entering  the  fourth  class  above  defined  shall  receive  a  refund  of  one-half 
the  money  he  or  she  shall  have  theretofore  contributed  to  such  fund. 

§  11.  All  persons  who  shall  be  employed  as  teachers  by  the  board 
of  school  inspectors,  or  the  body  or  board  of  officials  which  governs,  or 
has  charge  of  the  affairs  of  any  such  school  district,  shall  accept  the  pro¬ 
visions  of  this  Act  by  such  accepting  or  continuing  in  such  employment ; 
and  thereupon  become  liable  as  contributors  to  the  pension  and  retire¬ 
ment  fund  in  accordance  with  the  terms  thereof.  And  the  provisions  of 
this  Act  shall  become  a  part  of  and  enter  into  any  such  contract  of  em- 


138 


ployment  as  fully  as  though  the  same  were  specifically  set  forth  iu  said 
contract  of  employment. 

§  12.  All  pensions,  or  annuities,  granted  under  the  provisions  of 
this  Act  and  every  portion  thereof,  shall  be  exempt  from  attachment  or 
garnishment  process  and  shall  not  be  seized,  taken,  subjected  to,  detained 
or  levied  upon  by  virtue  of  any  execution,  or  any  process  or  proceedings 
whatsoever  issued  out  of  or  by  any  court  for  the  payment  or  satisfaction 
in  whole  or  in  part  of  any  debt,  claim,  damage,  demand  or  judgment 
against  any  pensioner  or  annuitant  hereunder,  and  no  annuitant  or 
pensioner  shall  have  the  right  to  transfer  or  assign  his  or  her  pension 
or  annuity  or  any  part  thereof  either  by  way  or  mortgage  or  otherwise. 

§  13.  The  said  treasurer  shall  not  be  entitled  to  retain  any  interest 
accruing  from  any  pension  and  retirement  fund,  but  all  such  interest 
earned  thereon  shall  be  covered  into  such  fund,  become  a  part  thereof, 
and  be  subject  to  the  purposes  of  this  Act.  The  treasurer  shall  also  set 
aside  annually  and  place  in  such  fund  all  interest  accruing  from  the 
district  funds  of  the  district  (whether  levied  for  educational  or  building 
purposes)  and  as  well  all  interest  earned  by  money  coming  from  the 
investment  of  the  proceeds  of  the  sales  of  an}^  school  lands  of  said 
district. 

§  14.  If  any  school  district  where  there  is  not  sufficient  revenue 
from  interest  and  contributions  to  maintain  a  teachers’  pension  fund 
under  the  foregoing  provisions  hereof,  such  school  district  may,  by  a 
majority  vote  of  its  electors  at  an  election  for  such  purpose,  establish  a 
fund  for  the  retirement  of  teachers  who  are  over  fifty  years  old,  and 
who  have  faithfully  served  such  district  for  twenty-five  years.  The  fund 
shall  be  derived  from  such  revenues  as  may  lawfully  be  devoted  to  the 
said  purpose  by  the  directors  of  a  district,  or  by  direct  appropriation  by 
a  town.  The  amount  of  the  annual  pension  allowed  to  any  person  under 
the  provisions  of  this  section,  shall  not  exceed  one-half  the  annual 
compensation  received  by  such  person  at  the  time  of  the  retirement  of 
such  person,  in  no  case,  however,  shall  the  same  exceed  four  hundred 
dollars  ($400)  per  annum. 

§  15.  If  the  board  of  school  inspectors,  or  governing  board  of 
any  such  school  district  that  may  be  within  the  terms  of  this  Act, 
heretofore  and  subsequent  to  July  1,  1911,  sought  to  establish  and  main¬ 
tain  a  teachers’  pension  and  retirement  fund,  without  legal  authority 
so  to  do,  all  Acts  done  with  reference  thereto  are  hereby  validated,  and 
shall  be  given  the  same  force  and  effect  in  law  and  equity,  as  if  they 
had  been  done  under  this  Act. 

§  16.  The  proyisions  of  this  Act  shall  apply  to  the  Board  of  School 
Inspectors  of  the  city  of  Peoria,  and  to  all  other  boards  of  directors, 
boards  of  education  and  boards  of  school  inspectors,  in  districts  within 
the  limits  of  population  above  fixed,  that  exist  under  and  by  virtue  of 
any  special  school  charter  heretofore  granted  to  any  such  district  b}^  the 
said  State  of  Illinois. 

§  17.  The  word  ^Teachers”  shall  be  held  to  include  all  teachers, 
superintendents,  assistant  teachers  and  school  principals,  who  ma}"  be 
employed  in  the  public  schools  of  a  district. 

§  18.  If  any  school  district  organized  under  any  special  Act  of  the 
General  Assembly  shall  create  a  teacher’s  pension  and  retirement  fund. 


139 


under  the  provisions  of  this  Act,  and  shall  thereafter  cease  to  exist  under 
such  special  Act,  and  shall  operate  under  the  general  school  laws,  then 
in  such  event,  the  said  fund  shall  be  continued,  maintained  and  adminis¬ 
tered  under  such  general  law  by  the  proper  officers  of  said  district,  and 
all  persons  holding  any  part  of  said  fund  or  records  relating  to  it,  shall 
deliver  the  same  to  the  proper  officers  of  said  new,  or  reorganized  school 
district;  and  all  the  rights  of  all  persons  in  and  to  said  fund,  shall  be 
continued,  and  as  well  all  the  liabilities  of  all  persons  toward  such  fund 
shall  continue  as  fully  as  though  such  original  school  district  had  been 
operating  under  the  general  school  laws,  rather  tham  a  special  Act  or 
charter,  at  the  time  such  fund  was  created. 

Approved  June  27,  1913. 


Wage  Loan  Corporations — Incorporation 

An  Act  to  prowido  for  the  incorporation,  management  and  regulation  of 
wage  loan  corporations  and  to  allow  the  loaning  of  money  by  sudh 
corporations  secured  by  assignment  of  wages,  and  limiting  the  rate 
of  compensation  to  be  paid. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  corporations  may  be  organ¬ 
ized  under  and  by  virtue  of  this  Act  in  the  same  manner  as  corporations 
for  pecuniary  profit  under  and  by  virtue  of  ^^An  Act  concerning  corpora¬ 
tions,^^  approved  April  18,  1872,  in  force  July  1,  1872,  as  amended, 
except  as  otherwise  herein  provided. 

§  2.  Corporations  with  a  capital  of  not  less  than  $25,000  may  be 
organized  under  the  provisions  of  this  Act  in  all  cities  for  the  purpose 
of  loaning  money  on  wage  assignments,  but  in  no  case  shall  the  amount 
loaned  to  any  one  person  exceed  the  sum  of  $250.00. 

§  3.  Corporations  organized  under  this  Act  shall  be  authorized  to 
borrow  money,  not  exceeding  in  the  aggregate  the  amount  of  the  capital 
stock:  Provided ,  however,  no  such  corporation  shall  have  any  banking 
power,  whether  of  issue,  deposit  or  discount,  and  shall  not  receive 
deposits  of  money  nor  loan  money  except  as  provided  in  this  Act. 

§  4.  Such  corporations  may  loan  money  and  take  and  hold  as 
security  for  the  payment  of  the  same  an  assignment  of  the  wages  of  the 
borrower,  and  may  charge  and  collect  not  to  exceed  three  (3)  per  cent 
per  month  as  interest  or  compensation  for  the  use  of  such  money. 
Besides  the  interest  charge  hereinbefore  specified,  no  further  or  other 
charges  for  any  services,  or  upon  any  pretext  whatsoever  by  deductions 
in  advance  or  otherwise,  shall  be  asked,  charged  or  in  any  way  received, 
where  the  same  would  in  any  way  operate  to  make  a  greater  charge  for 
the  use  of  the  money  loaned  than  the  aforesaid  rate;  and  where  made, 
any  such  additional  charges  shall  be  taken  and  held  to  be  so  much 
added  interest. 

§  5.  No  contract  of  any  kind- or  nature  made  under  the  provisions 
set  forth  in  this  Act,  or  in  any  way  involving  any  security  given  to 
secure  the  performance  of  such  a  contract,  shall  be  valid  or  of  any  force, 
virtue  or  effect,  either  at  law  or  in  equity,  and  all  right  or  claim  to  or 


140 


involving  principal,  interest  and  security,  shall  be  absolutely  forfeited, 
if  there  is  therein  or  thereon  directly  or  indirectly  charged,  accepted  or 
contracted  to  be  paid  or  received,  either  in  money,  goods,  discount  or 
thing  in  action,  or  in  any  other  way,  a  greater  benefit,  compensation, 
rate  of  discount  or  interest,  or  fee  than  the  rate  specified  in  section  4 
hereof;  and  if  a  greater  benefit,  compensation,  rate  of  discount  or 
interest  is  directly  advanced  or  paid  upon  any  such  contract  made  as 
aforesaid  by  such  corporation,  the  excess  above  the  said  rate  specified  in 
section  4  hereof  so  advanced  or  paid,  may  be  demanded  and  recovered 
by  the  person  who  advanced  or  paid  the  same,  his  legal  representatives 
or  assigns,  from  the  person  or  corporation,  or  their  surety  or  sureties, 
either  to  whom  or  for  whose  use  or  benefit  such  payment  or  advance  or 
any  part  thereof  was  made. 

§  6.  All  notes,  the  pa3Qnent  of  which  is  secured  by  wage  assign¬ 
ments  shall  state  upon  their  face  that  they  are  so  secured,  and  when 
assigned  by  the  payee  therein  named,  shall  be  subject  to  all  defenses, 
existing  between  the  payee  and  the  payor  of  said  notes  the  same  as  if 
said  notes  were  held  by  the  payee  therein  named,  and  any  wage  assign¬ 
ment  securing  notes  which  do  not  state  upon  their  face  to  the  fact  of 
such  security  shall  be  absolutely  void. 

§  7.  The  said  corporation  shall  keep  a  correct  account  of  all 
money  loaned,  the  date  of  maturity  of  each  loan,  the  rate  charged,  and 
the  name  and  address  of  the  borrower;  and  shall  give  to  each  borrower 
a  true,  legible  and  complete  copy  of  each  and  every  paper  signed  by  him 
in  connection  with  the  loan,  together  with  a  statement  of  all  charges 
made  for  said  loan,  the  date  of  the  note  or  other  paper  evidencing  the 
loan  and  the  date  of  its  maturity.  A  receipt,  plainty  showing  the 
amount  paid  by  the  borrower  and  the  date  of  payment  shall  be  given 
him  whenever  he  makes  any  payment  of  principal  or  interest  on  his 
loan. 

§  8.  Xo  corporation  organized  under  this  Act  shall  enter  upon  or 
carry  on  the  business  of  loaning  money  upon  wage  assignments  until  it 
shall  have  filed  in  the  office  of  the  county  clerk  of  the  county  in  which 
it'  is  carrying  on  such  business,  or  has  its  principal  office,  a  bond  in  the 
penal  sum  of  $5,000,  executed  by  such  corporation,  as  principal  and 
with  surety  or  sureties  approved  by  the  county  judge  of  such  county; 
which  bond  shall  run  to  the  People  of  the  State  of  Illinois  for  the  use 
of  any  person  or  persons  who  may  have  cause  of  action  against  the 
obligor  of  said  bond  under  the  provisions  of  this  Act,  and  shall  be  con¬ 
ditioned  that  the  said  obligor  will  conform  to  and  abide  by  each  and 
every  provision  of  this  Act  and  will  pay  to  any  such  person  or  persons 
having  a  cause  of  action  any  and  all  moneys  that  would  be  due  such  per¬ 
son  or  persons  from  the  said  obligor  under  and  by  virtue  of  the  pro¬ 
visions  of  this  x4ct.  Such  bond  shall  be  renewed  every  two  years  or 
oftener,  whenever  on  a  proper  showing  being  made  the  same,  in  the 
opinion  of  the  county  judge,  shall  appear  to  be  insecure  or  otherwise 
doubtful,  and  upon  failure  of  the  obligor  in  such  bond  to  comply  with 
the  order  of  such  count}^  ji-'idge  relative  to  the  renewal  of  such  bond, 
such  corporation  shall  within  thirty  (30)  days  after  the  entry  of  such 
order  discontinue  the  carrying  on  of  business  under  this  Act.  Any 
wilful  violation  of  this  Act  by  any  corporation  organized  under  it,  by 


141 


which  any  person  shall  suffer  or  sustain  loss  or  damage  shall  forfeit  its 
right  to  do  business,  and  the  Attorney  General  of  the  State  shall  take 
the  necessary  legal  measures  to  wind  up  and  discontinue  its  business. 
Any  director,  officer  or  employee  of  any  corporation  organized  under  this 
Act,  who  shall  charge,  take  or  collect  or  receive  compensation  or 
interest  on  a  loan  beyond  or  in  excess  of  the  charges  herein  fixed,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be  fined  not 
to  exceed  one  hundred  dollars  ($100),  or  be  imprisoned  in  the  county 
jail  for  not  more  than  six  (6)  months,  or  both,  for  each  offense. 

§  9.  No  corporation  organized  under  this  Act  shall  do  business 
in  any  other  county  than  the  one  in  which  its  principal  office  is  located. 

§  10.  Any  corporation  organized  under  this  Act  may  out  of  the 
profits  realized  out  of  its  business,  declare  and  pay  to  its  stockholders 
an  annual  dividend  of  not  to  exceed  six  per  cent  (6)  on  its  capital  stock. 

§  11.  The  Governor  of  this  State  and  the  mayor  of  the  city  in 
which  the  principal  office  of  said  corporation  shall  be  located  shall  each 
appoint  one  director,  who  shall  not  be  a  stockholder  or  employee  of 
such  corporation,  whose  term  of  office  shall  be  two  (2)  years,  unless 
sooner  removed  by  the  Governor  or  mayor  who  made  the  appointment, 
and  said  directors  shall  have  the  same  power  and  authority  as  the  other 
directors  of  the  corporation.  The  number  of  directors  of  any  such 
corporation  shall  not  exceed  nine. 

§  12.  The  president  and  directors  of  every  corporation  organized 
under  this  Act  shall,  annually  in  the  month  of  January,  file  with  the 
Auditor  of  Public  Accounts  of  the  State  a  full  report  of  the  business  of 
the  corporation  for  the  previous  year,  expiring  December  31,  and  shall 
give  the  names  and  the  amount  of  shares  of  capital  stock  held  by  each 
stockholder  of  the  corporation  on  the  said  date,  which  said  statement 
shall  be  verified  by  the  president  and  attested  by  the  secretary.  The 
Auditor  of  Public  Accounts  shall  exercise  all  powers  of  examination  and 
supervision  of  any  corporation  organized  under  this  Act  which  he  now 
exercises  over  trust  companies  under  the  Act  for  regulating  the  adminis¬ 
tration  of  trusts  by  trust  companies,  approved  June  15,  1887,  in  force 
July  1,  1887,  and  the  fees  prescribed  to  be  paid  by  said  Act  shall  apply 
to  any  corporation  organized  under  this  Act. 

§  13.  Directors  appointed  by  the  Governor  and  the  mayor  shall, 
under  oath,  report  to  the  Governor  of  the  State  any  violations  of  any 
one  of  the  provisions  of  this  Act  by  the  said  corporations,  or  any  of  its 
officers  or  employees. 

Approved  June  20,  1913. 


Wash  Eooms  in  Certain  Employments 

An  Act  to  provide  for  wash  rooms  in  certain  employments  to  protect 
the  health  of  employees  and  secure  public  comfort. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly :  That  every  owner  or  operator  of 
a  coal  mine,  steel  mill,  foundry,  machine  shop,  or  other  like  business  in 
which  employees  become  covered  with  grease,  smoke,  dust,  grime  and 
perspiration  to  such  extent  that  to  remain  in  such  condition  after  leaving 


142 


their  work  without  washing  and-  cleansing  their  bodies  and  changing 
their  clothing,  will  endanger  their  health  or  make  their  condition 
offensive  to  the  public,  shall  provide  and  maintain  a  suitable  and  sani¬ 
tary  wash  room  at  a  convenient  place  in  or  adjacent  to  such  mine,  mill, 
foundry,  shop  or  other  place  of  employment  for  the  use  of  such 
employees. 

§  2.  Such  wash  room  shall  be  so  arranged  that  employees  may 
change  their  clothing  therein,  and  shall  be  sufficient  for  the  number  of 
employees  engaged  regularly  in  such  employment;  shall  be  provided 
with  lockers  in  which  employees  may  keep  their  clothing;  shall  be  pro¬ 
vided  with  hot  and  cold  water  and  with  sufficient  and  suitable  places 
and  means  for  using  the  same;  and  during  cold  weather,  shall  be  suffi¬ 
ciently  heated. 

§  3.-  It  shall  be  the  duty  of  the  State  and  county  mine  inspectors, 
factory  inspectors  and  other  inspectors  required  to  inspect  places  and 
kinds  of  business  required  by  this  Act  to  be  provided  with  wash  rooms, 
to  inspect  such  wash  rooms  and  report  to  the  owner  or  operator,  the 
sanitary  and  physical  condition  thereof  in  writing,  and  make  recom¬ 
mendations  as  to  such  improvements  or  changes  as  may  appear  to  be 
necessary  for  compliance  with  the  provisions  of  this  Act. 

§  4.  Any  owner  or  employer  who  shall  fail  or  refuse  to  comply 
with  the  provisions  of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  not  more  than  one  hundred 
dollars. 

§  5.  Any  owner  or  employer  who  shall  be  convicted  of  a  violation 
of  the  provisions  of  this  Act  shall  be  subject  to  a  conviction  for  succeed¬ 
ing  offenses  for  each  and  every  day  he  shall  neglect  or  refuse  to  comply 
herewith. 

Approved  June  26,  1913. 


WoMAN^s  Suffrage  Law  of  1913 

§  1.  What  officers  and  propositions  in  State,  §  3.  Separate  ballotlboxes  and  ballots— canvass 
cities,  ^villages  and  towns.  —registration. 

§  2.  What  township  officers,  etc. 

(Senate  Bill  63.  Approved  June  26,  1913.) 

Ax  Act  granting  women  the  right  to  vote  for  presidential  electors  and 
certain  other  officers,  and  to  participate  and  vote  in  certain  matters 
and  elections. 

Section  1.  Be  it  enacted  Toy  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  all  women,  citizens  of  the 
United  States,  above  the  age  of  21  years,  having  resided  in  the  State 
one  year,  in  the  county  ninety  days,  and  in  the  election  district  thirty 
days  next  preceding  any  election  therein,  shall  be  allowed  to  vote  at 
such  election  for  presidential  electors,  member  of  the  State  Board  of 
Equalization,  clerk  of  the  Appellate  Court,  county  collector,  county 
surveyor,  members  of  board  of  assessors,  members  of  board  of  review. 


143 


sanitary  district  trustees,  and  for  all  officers  of  cities,  villages  and  towns 
(except  police  magistrates),  and  upon  all  questions  or  propositions 
submitted  to  a  vote  of  the  electors  of  such  municipalities  pr  other 
political  divisions  of  this  State. 

§  2.  All  such  women  may  also  vote  for  the  following  township 
officers:  supervisors,  town  clerk,  assessor,  collector  and  highway  com¬ 
missioner,  and  may  also  participate  and  vote  in  all  annual  and  special 
town  meetings  in  the  township  in  which  such  election  district  shall  be. 

§  3.  Separate  ballot  boxes  and  ballots  shall  be  provided  for  women 
which  ballots  shall  contain  the  names  of  the  candidates  for  such  offices 
which  are  to  be  voted  for  and  the  special  questions  submitted  as  afore¬ 
said,  and  the  ballots  cast  by  women  shall  be  canvassed  with  the  other 
ballots  cast  for  such  officers  and  on  such  questions.  At  any  such  elec¬ 
tion  where  registration  is  required,  women  shall  register  in  the  same 
manner  as  male  voters. 

Approved  June  26,  1913. 


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